(1d) "Chlorofluorocarbon refrigerant" means any
of the following when used as a liquid heat transfer agent in a mechanical
refrigeration system: carbon tetrachloride, chlorofluorocarbons, halons, or
methyl chloroform.

(2) "Closure" means the cessation of
operation of a solid waste management facility and the act of securing the
facility so that it will pose no significant threat to human health or the
environment.

(2a) Recodified as subdivision (a)(2d) at the direction
of the Revisor of Statutes. See note.

(2b) "Coal combustion residuals" means
residuals, including fly ash, bottom ash, boiler slag, mill rejects, and flue
gas desulfurization residue produced by a coal-fired generating unit destined for
disposal. The term does not include coal combustion products as defined in G.S.
130A-309.201(4).

(2c) "Coal combustion residuals landfill" means
a facility or unit for the disposal of combustion products, where the landfill
is located at the same facility with the coal-fired generating unit or units
producing the combustion products, and where the landfill is located wholly or
partly on top of a facility that is, or was, being used for the disposal or
storage of such combustion products, including, but not limited to, landfills,
wet and dry ash ponds, and structural fill facilities.

(2d) "Coal-fired generating unit" means a coal-fired
generating unit, as defined by 40 Code of Federal Regulations § 96.2 (1 July
2001 Edition), that is located in this State and has the capacity to generate
25 or more megawatts of electricity.

(3) "Commercial" when applied to a hazardous
waste facility, means a hazardous waste facility that accepts hazardous waste
from the general public or from another person for a fee.

(3a) "Commission" means the Environmental
Management Commission.

(4) "Construction" or "demolition"
when used in connection with "waste" or "debris" means
solid waste resulting solely from construction, remodeling, repair, or
demolition operations on pavement, buildings, or other structures, but does not
include inert debris, land-clearing debris or yard debris.

(4a) "Department" means the Department of
Environment and Natural Resources.

(6) "Disposal" means the discharge, deposit,
injection, dumping, spilling, leaking or placing of any solid waste into or on
any land or water so that the solid waste or any constituent part of the solid
waste may enter the environment or be emitted into the air or discharged into
any waters, including groundwaters.

(16) "Landfill" means a disposal facility or
part of a disposal facility where waste is placed in or on land and which is
not a land treatment facility, a surface impoundment, an injection well, a
hazardous waste long-term storage facility or a surface storage facility.

(16a) "Leachate" means a liquid that has passed
through or emerged from solid waste and contains soluble, suspended, or
miscible materials removed from such waste. The term "leachate" does
not include liquid adhering to tires of vehicles leaving a sanitary landfill
and transfer stations.

(17) "Manifest" means the form used for
identifying the quantity, composition and the origin, routing and destination
of hazardous waste during its transportation from the point of generation to
the point of disposal, treatment or storage.

(17a) "Medical waste" means any solid waste which
is generated in the diagnosis, treatment, or immunization of human beings or
animals, in research pertaining thereto, or in the production or testing of
biologicals, but does not include any hazardous waste identified or listed
pursuant to this Article, radioactive waste, household waste as defined in 40
Code of Federal Regulations § 261.4(b)(1) in effect on 1 July 1989, or those
substances excluded from the definition of "solid waste" in this
section.

(18) "Motor vehicle oil filter" means a filter
that removes impurities from the oil used to lubricate an internal combustion
engine in a motor vehicle.

(18a) "Municipal solid waste" means any solid
waste resulting from the operation of residential, commercial, industrial,
governmental, or institutional establishments that would normally be collected,
processed, and disposed of through a public or private solid waste management
service. Municipal solid waste does not include hazardous waste, sludge,
industrial waste managed in a solid waste management facility owned and
operated by the generator of the industrial waste for management of that waste,
or solid waste from mining or agricultural operations.

(19) "Natural resources" means all materials
which have useful physical or chemical properties which exist, unused, in
nature.

(20) "Open dump" means any facility or site
where solid waste is disposed of that is not a sanitary landfill and that is
not a coal combustion residuals surface impoundment or a facility for the
disposal of hazardous waste.

(21) "Operator" means any person, including the
owner, who is principally engaged in, and is in charge of, the actual
operation, supervision, and maintenance of a solid waste management facility
and includes the person in charge of a shift or periods of operation during any
part of the day.

(21a) "Parent" has the same meaning as in 17 Code
of Federal Regulations § 240.12b-2 (1 April 1996 Edition).

(22a) "Pre-1983 landfill" means any land area,
whether publicly or privately owned, on which municipal solid waste disposal
occurred prior to 1 January 1983 but not thereafter, but does not include any
landfill used primarily for the disposal of industrial solid waste.

(23) "Processing" means any technique designed
to change the physical, chemical, or biological character or composition of any
solid waste so as to render it safe for transport; amenable to recovery,
storage or recycling; safe for disposal; or reduced in volume or concentration.

(24) "Recovered material" means a material that
has known recycling potential, can be feasibly recycled, and has been diverted
or removed from the solid waste stream for sale, use, or reuse. In order to
qualify as a recovered material, a material must meet the requirements of G.S.
130A-309.05(c).

(26) "Recyclable material" means those
materials which are capable of being recycled and which would otherwise be
processed or disposed of as solid waste.

(27) "Recycling" means any process by which
solid waste, or materials which would otherwise become solid waste, are
collected, separated, or processed, and reused or returned to use in the form
of raw materials or products.

(28) "Refuse" means all nonputrescible waste.

(28a) "Refuse-derived fuel" means fuel that
consists of municipal solid waste from which recyclable and noncombustible
materials are removed so that the remaining material is used for energy
production.

(29) "Resource recovery" means the process of
obtaining material or energy resources from discarded solid waste which no
longer has any useful life in its present form and preparing the solid waste
for recycling.

(30) "Reuse" means a process by which resources
are reused or rendered usable.

(31) "Sanitary landfill" means a facility for
disposal of solid waste on land in a sanitary manner in accordance with the
rules concerning sanitary landfills adopted under this Article.

(31a) "Secretary" means the Secretary of
Environment and Natural Resources.

(32) "Septage" means solid waste that is a
fluid mixture of untreated and partially treated sewage solids, liquids, and
sludge of human or domestic origin which is removed from a wastewater system.
The term septage includes the following:

a. Domestic septage, which is either liquid or solid
material removed from a septic tank, cesspool, portable toilet, Type III marine
sanitation device, or similar treatment works receiving only domestic sewage.
Domestic septage does not include liquid or solid material removed from a
septic tank, cesspool, or similar treatment works receiving either commercial
wastewater or industrial wastewater and does not include grease removed from a
grease trap at a restaurant.

b. Domestic treatment plant septage, which is solid,
semisolid, or liquid residue generated during the treatment of domestic sewage
in a treatment works where the designed disposal is subsurface. Domestic
treatment plant septage includes, but is not limited to, scum or solids removed
in primary, secondary, or advanced wastewater treatment processes and a
material derived from domestic treatment plant septage. Domestic treatment
plant septage does not include ash generated during the firing of domestic
treatment plant septage in an incinerator or grit and screenings generated
during preliminary treatment of domestic sewage in a treatment works.

c. Grease septage, which is material pumped from
grease interceptors, separators, traps, or other appurtenances used for the
purpose of removing cooking oils, fats, grease, and food debris from the waste
flow generated from food handling, preparation, and cleanup.

d. Industrial or commercial septage, which is material
pumped from septic tanks or other devices used in the collection, pretreatment,
or treatment of any water-carried waste resulting from any process of industry,
manufacture, trade, or business where the design disposal of the wastewater is
subsurface. Domestic septage mixed with any industrial or commercial septage is
considered industrial or commercial septage.

e. Industrial or commercial treatment plant septage,
which is solid, semisolid, or liquid residue generated during the treatment of
sewage that contains any waste resulting from any process of industry,
manufacture, trade, or business in a treatment works where the designed
disposal is subsurface. Industrial or commercial treatment plant septage
includes, but is not limited to, scum or solids removed in primary, secondary,
or advanced wastewater treatment processes and a material derived from domestic
treatment plant septage. Industrial or commercial treatment plant septage does
not include ash generated during the firing of industrial or commercial
treatment plant septage in an incinerator or grit and screenings generated
during preliminary treatment of domestic sewage in a treatment works.

(33) "Septage management firm" means a person
engaged in the business of pumping, transporting, storing, treating or
disposing septage. The term does not include public or community wastewater
systems that treat or dispose septage.

(34) "Sludge" means any solid, semisolid or
liquid waste generated from a municipal, commercial, institutional or
industrial wastewater treatment plant, water supply treatment plant or air
pollution control facility, or any other waste having similar characteristics
and effects.

(35) "Solid waste" means any hazardous or
nonhazardous garbage, refuse or sludge from a waste treatment plant, water
supply treatment plant or air pollution control facility, domestic sewage and
sludges generated by the treatment thereof in sanitary sewage collection,
treatment and disposal systems, and other material that is either discarded or
is being accumulated, stored or treated prior to being discarded, or has served
its original intended use and is generally discarded, including solid, liquid,
semisolid or contained gaseous material resulting from industrial,
institutional, commercial and agricultural operations, and from community
activities. Notwithstanding sub-sub-subdivision b.3. of this subdivision, the
term includes coal combustion residuals. The term does not include:

a. Fecal waste from fowls and animals other than
humans.

b. Solid or dissolved material in:

1. Domestic sewage and sludges generated by treatment
thereof in sanitary sewage collection, treatment and disposal systems which are
designed to discharge effluents to the surface waters.

2. Irrigation return flows.

3. Wastewater discharges and the sludges incidental to
and generated by treatment which are point sources subject to permits granted
under Section 402 of the Water Pollution Control Act, as amended (P.L. 92-500),
and permits granted under G.S. 143-215.1 by the Commission, including coal
combustion products. However, any sludges that meet the criteria for hazardous
waste under RCRA shall also be a solid waste for the purposes of this Article.

c. Oils and other liquid hydrocarbons controlled under
Article 21A of Chapter 143 of the General Statutes. However, any oils or other
liquid hydrocarbons that meet the criteria for hazardous waste under RCRA shall
also be a solid waste for the purposes of this Article.

d. Any source, special nuclear or byproduct material
as defined by the Atomic Energy Act of 1954, as amended (42 U.S.C. § 2011).

e. (Effective until August 1, 2015) Mining
refuse covered by the North Carolina Mining Act, G.S. 74-46 through 74-68 and
regulated by the North Carolina Mining and Energy Commission (as defined under
G.S. 143B-293.1). However, any specific mining waste that meets the criteria
for hazardous waste under RCRA shall also be a solid waste for the purposes of
this Article.

e. (Effective August 1, 2015) Mining refuse
covered by the North Carolina Mining Act, G.S. 74-46 through 74-68 and
regulated by the North Carolina Mining Commission (as defined under G.S. 143B-293.1).
However, any specific mining waste that meets the criteria for hazardous waste
under RCRA shall also be a solid waste for the purposes of this Article.

f. Recovered material.

(36) "Solid waste disposal site" means any
place at which solid wastes are disposed of by incineration, sanitary landfill
or any other method.

(41) "Storage" means the containment of solid
waste, either on a temporary basis or for a period of years, in a manner which
does not constitute disposal.

(41a) "Subsidiary" has the same meaning as in 17
Code of Federal Regulations § 240.12b-2 (1 April 1996 Edition).

(41b) "Tire-derived fuel" means a form of fuel
derived from scrap tires.

(42) "Treatment" means any method, technique or
process, including neutralization, designed to change the physical, chemical or
biological character or composition of any hazardous waste so as to neutralize
such waste or so as to render such waste nonhazardous, safer for transport,
amenable for recovery, amenable for storage or reduced in volume.
"Treatment" includes any activity or processing designed to change
the physical form or chemical composition of hazardous waste so as to render it
nonhazardous.

(43) "Unit of local government" means a county,
city, town or incorporated village.

(44) "White goods" includes refrigerators,
ranges, water heaters, freezers, unit air conditioners, washing machines,
dishwashers, clothes dryers, and other similar domestic and commercial large
appliances.

(44a) "Wooden pallet" means a wooden object
consisting of a flat or horizontal deck or platform supported by structural
components that is used as a base for assembling, stacking, handling, and
transporting goods.

(b) Unless a different meaning is required by the
context, the following definitions shall apply throughout G.S. 130A-309.15
through G.S. 130A-309.24:

(1) "Public used oil collection center"
means:

a. Automotive service facilities or governmentally
sponsored collection facilities, which in the course of business accept for
disposal small quantities of used oil from households; and

b. Facilities which store used oil in aboveground
tanks, which are approved by the Department, and which in the course of
business accept for disposal small quantities of used oil from households.

(2) "Reclaiming" means the use of methods,
other than those used in rerefining, to purify used oil primarily to remove
insoluble contaminants, making the oil suitable for further use; the methods
may include settling, heating, dehydration, filtration, or centrifuging.

(3) "Recycling" means to prepare used oil for
reuse as a petroleum product by rerefining, reclaiming, reprocessing, or other
means or to use used oil in a manner that substitutes for a petroleum product
made from new oil.

(4) "Rerefining" means the use of refining
processes on used oil to produce high-quality base stocks for lubricants or
other petroleum products. Rerefining may include distillation, hydrotreating,
or treatments employing acid, caustic, solvent, clay, or other chemicals, or
other physical treatments other than those used in reclaiming.

(5) "Used oil" means any oil which has been
refined from crude oil or synthetic oil and, as a result of use, storage, or
handling, has become unsuitable for its original purpose due to the presence of
impurities or loss of original properties, but which may be suitable for
further use and is economically recyclable.

(a) For the purpose of promoting and preserving an
environment that is conducive to public health and welfare, and preventing the
creation of nuisances and the depletion of our natural resources, the
Department shall maintain a Division of Waste Management to promote sanitary
processing, treatment, disposal, and statewide management of solid waste and
the greatest possible recycling and recovery of resources, and the Department
shall employ and retain qualified personnel as may be necessary to effect such
purposes. It is the purpose and intent of the State to be and remain cognizant
not only of its responsibility to authorize and establish a statewide solid
waste management program, but also of its responsibility to monitor and
supervise, through the Department, the activities and operations of units of
local government implementing a permitted solid waste management facility
serving a specified geographic area in accordance with a solid waste management
plan.

(b) In furtherance of this purpose and intent, it is
hereby determined and declared that it is necessary for the health and welfare
of the inhabitants of the State that solid waste management facilities
permitted hereunder and serving a specified geographic area shall be used by
public or private owners or occupants of all lands, buildings, and premises
within the geographic area, and a unit of local government may, by ordinance,
require that all solid waste generated within the geographic area and placed in
the waste stream for disposal, shall be delivered to the permitted solid waste
management facility or facilities serving the geographic area. Actions taken
pursuant to this Article shall be deemed to be acts of the sovereign power of
the State of North Carolina, and to the extent reasonably necessary to achieve
the purposes of this section, a unit of local government may displace
competition with public service for solid waste management and disposal. It is
further determined and declared that no person, firm, corporation, association
or entity within the geographic area shall engage in any activities which would
be competitive with this purpose or with ordinances, rules adopted pursuant to
the authority granted herein. (1969,
c. 899; 1973, c. 476, s. 128; 1975, c. 311, s. 3; 1977, 2nd Sess., c. 1216;
1983, c. 795, ss. 2, 8.1; c. 891, s. 2; 1987, c. 574, s. 1; 1989, c. 727, s.
144; 1989 (Reg. Sess., 1990), c. 1004, ss. 7, 8; 1995 (Reg. Sess., 1996), c.
743, s. 4.)

§ 130A-291.1. Septage management program; permit fees.

(a) The Department shall establish and administer a
septage management program in accordance with the provisions of this section.

(b) For the protection of the public health, the
Commission shall adopt rules governing the management of septage. The rules
shall include, but are not limited to, criteria for the sanitary management of
septage, including standards for the transportation, storage, treatment, and
disposal of septage; operator registration and training; the issuance,
suspension, and revocation of permits; and procedures for the payment of annual
fees.

(c) No septage management firm shall commence or
continue operation that does not have a permit issued by the Department. The
permit shall be issued only when the septage management firm satisfies all of
the requirements of the rules adopted by the Commission. A septage management
firm that commences operation without first having obtained a permit shall
cease to operate until the firm obtains a permit under this section and shall
pay an initial annual fee equal to twice the amount of the annual fee that
would otherwise be applicable under subsection (e) of this section.

(d) Septage shall be treated and disposed only at a
wastewater system that has been approved by the Department under rules adopted
by the Commission or at a site that is permitted by the Department under this
section. A permit shall be issued only if the site satisfies all of the
requirements of the rules adopted by the Commission.

(e) A septage management firm that operates one pumper
truck shall pay an annual fee of five hundred fifty dollars ($550.00) to the
Department. A septage management firm that operates two or more pumper trucks
shall pay an annual fee of eight hundred dollars ($800.00) to the Department.

(e1) An individual who operates a septage treatment or
disposal facility but who does not engage in the business of pumping,
transporting, or disposing of septage shall pay an annual fee of two hundred
dollars ($200.00).

(e2) A properly completed application for a permit and
the annual fee under this section are due by 1 January of each year. The
Department shall mail a notice of the annual fees to each permitted septage
management firm and each individual who operates a septage treatment or
disposal facility prior to 1 November of each calendar year. A late fee in the
amount equal to fifty percent (50%) of the annual permit fee under this section
shall be submitted when a properly completed application and annual permit fee
are not submitted by 1 January following the 1 November notice. The clear
proceeds of civil penalties collected pursuant to this subsection shall be
remitted to the Civil Penalty and Forfeiture Fund in accordance with G.S. 115C-457.2.

(e3) The Septage Management Account is established as a
nonreverting account within the Department. Fees collected under this section
shall be placed in the Septage Management Account and shall be applied only to
the costs of the septage management program.

(e4) Permits for new septage management firm operators
and permits for septage management firm operators that have not operated a
septage management firm in the 24 months immediately preceding the submittal of
an application shall be considered probationary for 12 months. The Department
may revoke any probationary permit of a firm or an individual that violates any
provision of this section, G.S. 130A-291.2, G.S. 130A-291.3, or any rule
adopted under these sections. If the Department revokes a probationary permit
issued to a firm or individual, the Department shall not issue another permit
to that firm or individual, and the firm or individual may not engage in any
septage management activity for a period of 12 months.

(e5) The Department shall provide technical and
regulatory assistance to permit applicants and permit holders. Assistance may
include, but is not limited to, taking soil samples on proposed and permitted
septage land application sites and providing required training to permit
applicants and permit holders.

(f) All wastewater systems designed to discharge
effluent to the surface waters may accept, treat, and dispose septage from
permitted septage management firms, unless acceptance of the septage would
constitute a violation of the permit conditions of the wastewater system. The
wastewater system may charge a reasonable fee for acceptance, treatment, and
disposal of septage based on a fee schedule that takes into account septage
composition and quantity and that is consistent with other charges for use of
that system.

(g) Production of a crop in accordance with an
approved nutrient management plan on land that is permitted as a septage land
application site is a bona fide farm purpose under G.S. 153A-340.

(h) The Department shall inspect each septage land
application site at least twice a year and shall inspect the records associated
with each septage land application site at least annually. The Department shall
inspect each pump truck used for septage management at least once every two
years.

(h1) The annual permit application shall identify the
pumper trucks to be used by the septage management firm. A permitted septage
management firm shall notify the Department within 10 days of placing a pumper
truck in service that was not previously included in a permit issued to the
firm and shall make the pumper truck available for inspection by the
Department. A septage management firm is not prohibited from use of a pumper
truck that meets the requirements of the rules adopted by the Commission prior
to inspection by the Department.

(i) The Department shall approve innovative or
alternative septage treatment or storage methods that are demonstrated to
protect the public health and the environment.

(j) Septage generated by the operation of a
wastewater system permitted under Article 11 of this Chapter may be managed as
provided in this section and may be land applied at a septage land application
site permitted under this section. (1987 (Reg. Sess.,
1988), c. 1058, s. 2; 1991 (Reg. Sess., 1992), c. 1039, s. 8; 1993, c. 173, s.
4; 2001-505, s. 1.1; 2005-276, s. 6.37(t); 2006-255, s. 5.1(a); 2012-200, s.
15; 2014-122, s. 11(b).)

§ 130A-291.2. Temporary domestic wastewater holding tanks.

When a permanent domestic wastewater collection and treatment
system is not available at a construction site or a temporary special event, a
temporary wastewater holding tank of adequate capacity to prevent overflow may
be used under a mobile or modular office to accommodate domestic wastewater
from a commode and sink. The wastewater shall be removed often enough to
prevent the temporary domestic wastewater holding tank from overflowing. The
owner or lessee of a temporary construction trailer shall contract with a
registered septage management firm or registered portable toilet sanitation
firm for the removal of domestic waste. The wastewater shall be removed from
the temporary domestic wastewater holding tank by a septage management firm
holding a current permit to operate a septage firm. (2001-505,
s. 1.2.)

§ 130A-291.3. Septage operator training required.

(a) Each septage management firm operator shall attend
a training course approved pursuant to subsection (d) of this section of no
less than four hours of instruction per year. New septage management firm
operators and those that have not operated a septage management firm in the 24
months preceding the submittal of an application shall complete the training
before commencing operation.

(b) Each septage land application site operator shall
attend a training course approved pursuant to subsection (d) of this section of
no less than three hours of instruction per year. New septage land application
site operators and those that have not operated a septage land application site
in the 24 months preceding the submittal of an application shall complete the
training before commencing operation.

(c) Upon the completion of the permit requirements
under G.S. 130A-291.1 and the training requirements under this section, the
Department shall issue the septage management firm a certificate to operate as
a registered portable sanitation firm or a registered septage management firm,
or both.

(d) The Department shall establish educational
committees to develop and approve a training curriculum to satisfy the training
requirements under this section. A training committee shall be established to
develop a training program for portable sanitation waste; a training committee
shall be established to develop a training program for septic tank waste and
grease septage; and a training committee shall be established to develop a training
program for land application of septage. Each committee shall consist of four
industry members, one public health member, two employees of the Department,
and one representative of the North Carolina Cooperative Extension Service. (2001-505, s. 1.2.)

§ 130A-292. Conveyance of land used for commercial hazardous
waste disposal facility to the State.

(a) No land may be used for a commercial hazardous
waste disposal facility until fee simple title to the land has been conveyed to
this State. In consideration for the conveyance, the State shall enter into a
lease agreement with the grantor for a term equal to the estimated life of the
facility in which the State will be the lessor and the grantor the lessee. The
lease agreement shall specify that for an annual rent of fifty dollars
($50.00), the lessee shall be allowed to use the land for the development and
operation of a hazardous waste disposal facility. The lease agreement shall
provide that the lessor or any person authorized by the lessor shall at all
times have the right to enter without a search warrant or permission of the
lessee upon any and all parts of the premises for monitoring, inspection and
all other purposes necessary to carry out the provisions of this Article. The
lessee shall remain fully liable for all damages, losses, personal injury or
property damage which may result or arise out of the lessee's operation of the
facility, and for compliance with regulatory requirements concerning insurance,
bonding for closure and post-closure costs, monitoring and other financial or
health and safety requirements as required by applicable law and rules. The
State, as lessor, shall be immune from liability except as otherwise provided
by statute. The lease shall be transferable with the written consent of the
lessor and the consent will not be unreasonably withheld. In the case of a
transfer of the lease, the transferee shall be subject to all terms and
conditions that the State deems necessary to ensure compliance with applicable
laws and rules. If the lessee or any successor in interest fails in any
material respect to comply with any applicable law, rule or permit condition,
or with any term or condition of the lease, the State may terminate the lease
after giving the lessee written notice specifically describing the failure to
comply and upon providing the lessee a reasonable time to comply. If the lessee
does not effect compliance within the reasonable time allowed, the State may
reenter and take possession of the premises.

(b) Notwithstanding the termination of the lease by
either the lessee or the lessor for any reason, the lessee shall remain liable
for, and be obligated to perform, all acts necessary or required by law, rule,
permit condition or the lease for the permanent closure of the site until the
site has either been permanently closed or until a substituted operator has
been secured and has assumed the obligations of the lessee.

(c) In the event of changes in laws or rules
applicable to the facility which make continued operation by the lessee
impossible or economically infeasible, the lessee shall have the right to
terminate the lease upon giving the State reasonable notice of not less than
six months, in which case the lessor shall have the right to secure a
substitute lessee and operator.

(d) In the event of termination of the lease by the
lessor as provided in subsection (a) of this section, or by the lessee as
provided in subsection (c) of this section, the lessee shall be paid the fair
market value of any improvements made to the leased premises less the costs to
the lessor resulting from termination of the lease and securing a substitute
lessee and operator. However, the lessor shall have no obligation to secure a
substitute lessee or operator and may require the lessee to permanently close
the facility. (1981, c. 704, s. 5; 1983, c. 891, s. 2;
1989, c. 168, s. 12.)

(a) It is the intent of the General Assembly to
maintain a uniform system for the management of hazardous waste and to place
limitations upon the exercise by all units of local government in North
Carolina of the power to regulate the management of hazardous waste by means of
special, local, or private acts or resolutions, ordinances, property
restrictions, zoning regulations, or otherwise. Notwithstanding any authority
granted to counties, municipalities, or other local authorities to adopt local
ordinances, including but not limited to those imposing taxes, fees, or charges
or regulating health, environment, or land use, any local ordinance that
prohibits or has the effect of prohibiting the establishment or operation of a
hazardous waste facility that the Secretary has preempted pursuant to
subsections (b) through (f) of this section, shall be invalid to the extent
necessary to effectuate the purposes of this Chapter. To this end, all
provisions of special, local, or private acts or resolutions are repealed that:

(1) Prohibit the transportation, treatment, storage, or
disposal of hazardous waste within any county, city, or other political
subdivision.

(2) Prohibit the siting of a hazardous waste facility
within any county, city, or other political subdivision.

(3) Place any restriction or condition not placed by
this Article upon the transportation, treatment, storage, or disposal of
hazardous waste, or upon the siting of a hazardous waste facility within any
county, city, or other political subdivision.

(4) In any manner are in conflict or inconsistent with
the provisions of this Article.

(a1) No special, local, or private act or resolution
enacted or taking effect hereafter may be construed to modify, amend, or repeal
any portion of this Article unless it expressly provides for such by specific
references to the appropriate section of this Article. Further to this end, all
provisions of local ordinances, including those regulating land use, adopted by
counties, municipalities, or other local authorities that prohibit or have the
effect of prohibiting the establishment or operation of a hazardous waste
facility are invalidated to the extent preempted by the Secretary pursuant to
this section.

(b) When a hazardous waste facility would be prevented
from construction or operation by a county, municipal, or other local
ordinance, the operator of the proposed facility may petition the Secretary to
review the matter. After receipt of a petition, the Secretary shall hold a
hearing in accordance with the procedures in subsection (c) of this section and
shall determine whether or to what extent to preempt the local ordinance to
allow for the establishment and operation of the facility.

(c) When a petition described in subsection (b) of
this section has been filed with the Secretary, the Secretary shall hold a
public hearing to consider the petition. The public hearing shall be held in
the affected locality within 60 days after receipt of the petition by the
Secretary. The Secretary shall give notice of the public hearing by:

(1) Publication in a newspaper or newspapers having
general circulation in the county or counties where the facility is or is to be
located or operated, once a week for three consecutive weeks, the first notice
appearing at least 30 days prior to the scheduled date of the hearing; and

(2) First class mail to persons who have requested
notice. The Secretary shall maintain a mailing list of persons who request
notice in advance of the hearing pursuant to this section. Notice by mail shall
be complete upon deposit of a copy of the notice in a post-paid wrapper
addressed to the person to be notified at the address that appears on the
mailing list maintained by the Board, in a post office or official depository
under the exclusive care and custody of the United States Postal Service.

(c1) Any interested person may appear before the
Secretary at the hearing to offer testimony. In addition to testimony before
the Secretary, any interested person may submit written evidence to the
Secretary for the Secretary's consideration. At least 20 days shall be allowed
for receipt of written comment following the hearing.

(d) A local zoning or land-use ordinance is presumed to
be valid and enforceable to the extent the zoning or land-use ordinance imposes
requirements, restrictions, or conditions that are generally applicable to
development, including, but not limited to, setback, buffer, and stormwater
requirements, unless the Secretary makes a finding of fact to the contrary. The
Secretary shall determine whether or to what extent to preempt local ordinances
so as to allow for the establishment and operation of the facility no later
than 60 days after conclusion of the hearing. The Secretary shall preempt a
local ordinance only if the Secretary makes all of the following findings:

(1) That there is a local ordinance that would prohibit
or have the effect of prohibiting the establishment or operation of a hazardous
waste facility.

(2) That the proposed facility is needed in order to
establish adequate capability to meet the current or projected hazardous waste
management needs of this State or to comply with the terms of any interstate
agreement for the management of hazardous waste to which the State is a party
and therefore serves the interests of the citizens of the State as a whole.

(3) That all legally required State and federal permits
or approvals have been issued by the appropriate State and federal agencies or
that all State and federal permit requirements have been satisfied and that the
permits or approvals have been denied or withheld only because of the local
ordinance.

(4) That local citizens and elected officials have had
adequate opportunity to participate in the siting process.

(5) That the construction and operation of the facility
will not pose an unreasonable health or environmental risk to the surrounding
locality and that the facility operator has taken or consented to take
reasonable measures to avoid or manage foreseeable risks and to comply to the
maximum feasible extent with applicable local ordinances.

(d1) If the Secretary does not make all of the findings
under subsection (d) of this section, the Secretary shall not preempt the
challenged local ordinance. The Secretary's decision shall be in writing and
shall identify the evidence submitted to the Secretary plus any additional
evidence used in arriving at the decision.

(e) The decision of the Secretary shall be final
unless a party to the action files a written appeal under Article 4 of Chapter
150B of the General Statutes, as modified by G.S. 7A-29 and this section,
within 30 days of the date of the decision. The record on appeal shall consist
of all materials and information submitted to or considered by the Secretary,
the Secretary's written decision, a complete transcript of the hearing, all
written material presented to the Secretary regarding the location of the
facility, the specific findings required by subsection (d) of this section, and
any minority positions on the specific findings required by subsection (d) of
this section. The scope of judicial review shall be that the court may affirm
the decision of the Secretary, or may remand the matter for further
proceedings, or may reverse or modify the decision if the substantial rights of
the parties may have been prejudiced because the agency findings, inferences,
conclusions, or decisions are:

(1) In violation of constitutional provisions;

(2) In excess of the statutory authority or
jurisdiction of the agency;

(3) Made upon unlawful procedure;

(4) Affected by other error of law;

(5) Unsupported by substantial evidence admissible
under G.S. 150B-29(a) or G.S. 150B-30 in view of the entire record as
submitted; or

(6) Arbitrary or capricious.

(e1) If the court reverses or modifies the decision of
the agency, the judge shall set out in writing, which writing shall become part
of the record, the reasons for the reversal or modification.

(f) In computing any period of time prescribed or
allowed by this procedure, the provisions of Rule 6(a) of the Rules of Civil
Procedure, G.S. 1A-1, shall apply.

(a) The Department is authorized and directed to
engage in research, conduct investigations and surveys, make inspections and
establish a statewide solid waste management program. In establishing a
program, the Department shall have authority to:

(1) Develop a comprehensive program for implementation
of safe and sanitary practices for management of solid waste;

(2) Advise, consult, cooperate and contract with other
State agencies, units of local government, the federal government, industries
and individuals in the formulation and carrying out of a solid waste management
program;

(3) Develop and adopt rules to establish standards for
qualification as a "recycling, reduction or resource recovering
facility" or as "recycling, reduction or resource recovering
equipment" for the purpose of special tax classifications or treatment,
and to certify as qualifying those applicants which meet the established
standards. The standards shall be developed to qualify only those facilities
and equipment exclusively used in the actual waste recycling, reduction or
resource recovering process and shall exclude any incidental or supportive
facilities and equipment;

(4) a. Develop a
permit system governing the establishment and operation of solid waste
management facilities. A landfill with a disposal area of 1/2 acre or less for
the on-site disposal of land clearing and inert debris is exempt from the
permit requirement of this section and shall be governed by G.S. 130A-301.1.
Demolition debris from the decommissioning of manufacturing buildings,
including electric generating stations, that is disposed of on the same site as
the decommissioned buildings, is exempt from the permit requirement of this
section and rules adopted pursuant to this section and shall be governed by
G.S. 130A-301.3. The Department shall not approve an application for a new
permit, the renewal of a permit, or a substantial amendment to a permit for a
sanitary landfill, excluding demolition landfills as defined in the rules of
the Commission, except as provided in subdivisions (3) and (4) of subsection
(b1) of this section. No permit shall be granted for a solid waste management
facility having discharges that are point sources until the Department has
referred the complete plans and specifications to the Commission and has
received advice in writing that the plans and specifications are approved in
accordance with the provisions of G.S. 143-215.1. In any case where the
Department denies a permit for a solid waste management facility, it shall
state in writing the reason for denial and shall also state its estimate of the
changes in the applicant's proposed activities or plans that will be required
for the applicant to obtain a permit.

c. The Department shall deny an application for a
permit for a solid waste management facility if the Department finds that:

1. Construction or operation of the proposed facility
would be inconsistent with or violate rules adopted by the Commission.

2. Construction or operation of the proposed facility
would result in a violation of water quality standards adopted by the
Commission pursuant to G.S. 143-214.1 for waters, as defined in G.S. 143-213.

3. Construction or operation of the facility would
result in significant damage to ecological systems, natural resources, cultural
sites, recreation areas, or historic sites of more than local significance.
These areas include, but are not limited to, national or State parks or
forests; wilderness areas; historic sites; recreation areas; segments of the
natural and scenic rivers system; wildlife refuges, preserves, and management
areas; areas that provide habitat for threatened or endangered species; primary
nursery areas and critical fisheries habitat designated by the Marine Fisheries
Commission; and Outstanding Resource Waters designated by the Commission.

4. Construction or operation of the proposed facility
would substantially limit or threaten access to or use of public trust waters
or public lands.

5. The proposed facility would be located in a natural
hazard area, including a floodplain, a landslide hazard area, or an area
subject to storm surge or excessive seismic activity, such that the facility
will present a risk to public health or safety.

6. There is a practical alternative that would
accomplish the purposes of the proposed facility with less adverse impact on
public resources, considering engineering requirements and economic costs.

7. The cumulative impacts of the proposed facility and
other facilities in the area of the proposed facility would violate the
criteria set forth in sub-sub-subdivisions 2. through 5. of this sub-subdivision.

8. Construction or operation of the proposed facility
would be inconsistent with the State solid waste management policy and goals as
set out in G.S. 130A-309.04 and with the State solid waste management plan
developed as provided in G.S. 130A-309.07.

9. The cumulative impact of the proposed facility,
when considered in relation to other similar impacts of facilities located or
proposed in the community, would have a disproportionate adverse impact on a
minority or low-income community protected by Title VI of the federal Civil
Rights Act of 1964. This subdivision shall apply only to the extent required by
federal law.

d. Management of land clearing debris burned in
accordance with 15A NCAC 02D.1903 shall not require a permit pursuant to this
section.

(5a) Designate a geographic area within which the
collection, transportation, storage and disposal of all solid waste generated
within said area shall be accomplished in accordance with a solid waste
management plan. Such designation may be made only after the Department has
received a request from the unit or units of local government having
jurisdiction within said geographic area that such designation be made and
after receipt by the Department of a solid waste management plan which shall
include:

a. The existing and projected population for such
area;

b. The quantities of solid waste generated and
estimated to be generated in such area;

c. The availability of sanitary landfill sites and the
environmental impact of continued landfill of solid waste on surface and
subsurface waters;

d. The method of solid waste disposal to be utilized
and the energy or material which shall be recovered from the waste; and

e. Such other data that the Department may reasonably
require.

(5b) Authorize units of local government to require by
ordinance, that all solid waste generated within the designated geographic area
that is placed in the waste stream for disposal be collected, transported,
stored and disposed of at a permitted solid waste management facility or
facilities serving such area. The provisions of such ordinance shall not be
construed to prohibit the source separation of materials from solid waste prior
to collection of such solid waste for disposal, or prohibit collectors of solid
waste from recycling materials or limit access to such materials as an incident
to collection of such solid waste; provided such prohibitions do not authorize
the construction and operation of a resource recovery facility unless
specifically permitted pursuant to an approved solid waste management plan. If
a private solid waste landfill shall be substantially affected by such
ordinance then the unit of local government adopting the ordinance shall be
required to give the operator of the affected landfill at least two years
written notice prior to the effective date of the proposed ordinance.

(5c) Except for the authority to designate a geographic
area to be serviced by a solid waste management facility, delegate authority
and responsibility to units of local government to perform all or a portion of
a solid waste management program within the jurisdictional area of the unit of
local government; provided that no authority over or control of the operations
or properties of one local government shall be delegated to any other local
government.

(5d) Require that an annual report of the implementation
of the solid waste management plan within the designated geographic area be
filed with the Department.

(6) Charge and collect fees from operators of hazardous
waste disposal facilities. The fees shall be used to establish a fund
sufficient for each individual facility to defray the anticipated costs to the
State for monitoring and care of the facility after the termination of the
period during which the facility operator is required by applicable State and
federal statutes, regulations or rules to remain responsible for post-closure
monitoring and care. In establishing the fees, consideration shall be given to
the size of the facility, the nature of the hazardous waste and the projected
life of the facility.

(7) Establish and collect annual fees from generators
and transporters of hazardous waste, and from storage, treatment, and disposal
facilities regulated under this Article as provided in G.S. 130A-294.1.

(a1) A permit for a solid waste management facility may
be transferred only with the approval of the Department.

(a2) Permits for sanitary landfills and transfer
stations shall be issued for (i) a design and operation phase of five years or
(ii) a design and operation phase of 10 years. A permit issued for a design and
operation phase of 10 years shall be subject to a limited review within five
years of the issuance date.

(b) The Commission shall adopt and the Department
shall enforce rules to implement a comprehensive statewide solid waste
management program. The rules shall be consistent with applicable State and
federal law; and shall be designed to protect the public health, safety, and
welfare; preserve the environment; and provide for the greatest possible
conservation of cultural and natural resources. Rules for the establishment,
location, operation, maintenance, use, discontinuance, recordation, post-closure
care of solid waste management facilities also shall be based upon recognized
public health practices and procedures, including applicable epidemiological
research and studies; hydrogeological research and studies; sanitary
engineering research and studies; and current technological development in
equipment and methods. The rules shall not apply to the management of solid
waste that is generated by an individual or individual family or household unit
on the individual's property and is disposed of on the individual's property.

(b1) (1) For purposes
of this subsection and subdivision (4) of subsection (a) of this section, a
"substantial amendment" means either:

a. An increase of ten percent (10%) or more in:

1. The population of the geographic area to be served
by the sanitary landfill;

2. The quantity of solid waste to be disposed of in
the sanitary landfill; or

3. The geographic area to be served by the sanitary
landfill.

b. A change in the categories of solid waste to be
disposed of in the sanitary landfill or any other change to the application for
a permit or to the permit for a sanitary landfill that the Commission or the
Department determines to be substantial.

(2) A person who intends to apply for a new permit, the
renewal of a permit, or a substantial amendment to a permit for a sanitary
landfill shall obtain, prior to applying for a permit, a franchise for the
operation of the sanitary landfill from each local government having
jurisdiction over any part of the land on which the sanitary landfill and its
appurtenances are located or to be located. A local government may adopt a
franchise ordinance under G.S. 153A-136 or G.S. 160A-319. A franchise granted
for a sanitary landfill shall include all of the following:

a. A statement of the population to be served,
including a description of the geographic area.

b. A description of the volume and characteristics of
the waste stream.

e. The procedures to be followed for governmental
oversight and regulation of the fees and rates to be charged by facilities
subject to the franchise for waste generated in the jurisdiction of the
franchising entity.

f. A facility plan for the sanitary landfill that
shall include the boundaries of the proposed facility, proposed development of
the facility site in five-year operational phases, the boundaries of all waste
disposal units, final elevations and capacity of all waste disposal units, the
amount of waste to be received per day in tons, the total waste disposal
capacity of the sanitary landfill in tons, a description of environmental
controls, and a description of any other waste management activities to be
conducted at the facility. In addition, the facility plan shall show the
proposed location of soil borrow areas, leachate facilities, and all other
facilities and infrastructure, including ingress and egress to the facility.

(2a) A local government may elect to award a preliminary
franchise. If a local government elects to award a preliminary franchise, the
preliminary franchise shall contain, at a minimum, all of the information
described in sub-subdivisions a. through e. of subdivision (2) of this
subsection plus a general description of the proposed sanitary landfill,
including the approximate number of acres required for the proposed sanitary
landfill and its appurtenances and a description of any other solid waste
management activities that are to be conducted at the site.

(2b) A local government may elect to include as part of a
franchise agreement a surcharge on waste disposed of in its jurisdiction by
other local governments located within the State. Funds collected by a local
government pursuant to such a surcharge may be used to support any services
supported by the local government's general fund.

(3) Prior to the award of a franchise for the
construction or operation of a sanitary landfill, the board of commissioners of
the county or counties in which the sanitary landfill is proposed to be located
or is located or, if the sanitary landfill is proposed to be located or is
located in a city, the governing board of the city shall conduct a public
hearing. The board of commissioners of the county or counties in which the
sanitary landfill is proposed to be located or is located or, if the sanitary
landfill is proposed to be located or is located in a city, the governing board
of the city shall provide at least 30 days' notice to the public of the public
hearing. The notice shall include a summary of all the information required to
be included in the franchise, and shall specify the procedure to be followed at
the public hearing. The applicant for the franchise shall provide a copy of the
application for the franchise that includes all of the information required to
be included in the franchise, to the public library closest to the proposed
sanitary landfill site to be made available for inspection and copying by the
public.

(4) An applicant for a new permit, the renewal of a
permit, or a substantial amendment to a permit for a sanitary landfill shall
request each local government having jurisdiction over any part of the land on
which the sanitary landfill and its appurtenances are located or to be located
to issue a determination as to whether the local government has in effect a
franchise, zoning, subdivision, or land-use planning ordinance applicable to
the sanitary landfill and whether the proposed sanitary landfill, or the
existing sanitary landfill as it would be operated under the renewed or
substantially amended permit, would be consistent with the applicable
ordinances. The request to the local government shall be accompanied by a copy
of the permit application and shall be delivered to the clerk of the local
government personally or by certified mail. In order to serve as a basis for a
determination that an application for a new permit, the renewal of a permit, or
a substantial amendment to a permit for a sanitary landfill is consistent with
a zoning, subdivision, or land-use planning ordinance, an ordinance or zoning
classification applicable to the real property designated in the permit
application shall have been in effect not less than 90 days prior to the date
the request for a determination of consistency is delivered to the clerk of the
local government. The determination shall be verified or supported by affidavit
signed by the chief administrative officer, the chief administrative officer's
designee, clerk, or other official designated by the local government to make
the determination and, if the local government states that the sanitary
landfill as it would be operated under the new, renewed, or substantially
amended permit is inconsistent with a franchise, zoning, subdivision, or land-use
planning ordinance, shall include a copy of the ordinance and the specific
reasons for the determination of inconsistency. A copy of the determination
shall be provided to the applicant when the determination is submitted to the
Department. The Department shall not act upon an application for a permit under
this section until it has received a determination from each local government
requested to make a determination by the applicant; provided that if a local
government fails to submit a determination to the Department as provided by
this subsection within 15 days after receipt of the request, the Department
shall proceed to consider the permit application without regard to a franchise,
local zoning, subdivision, and land-use planning ordinances. Unless the local
government makes a subsequent determination of consistency with all ordinances
cited in the determination or the sanitary landfill as it would be operated
under the new, renewed, or substantially amended permit is determined by a
court of competent jurisdiction to be consistent with the cited ordinances, the
Department shall attach as a condition of the permit a requirement that the applicant,
prior to construction or operation of the sanitary landfill under the permit,
comply with all lawfully adopted local ordinances cited in the determination
that apply to the sanitary landfill. This subsection shall not be construed to
affect the validity of any lawfully adopted franchise, local zoning,
subdivision, or land-use planning ordinance or to affect the responsibility of
any person to comply with any lawfully adopted franchise, local zoning,
subdivision, or land-use planning ordinance. This subsection shall not be
construed to limit any opportunity a local government may have to comment on a
permit application under any other law or rule. This subsection shall not apply
to any facility with respect to which local ordinances are subject to review
under either G.S. 104E-6.2 or G.S. 130A-293.

(5) As used in this subdivision, "coal-fired
generating unit" and "investor-owned public utility" have the
same meaning as in G.S. 143-215.107D(a). Notwithstanding subdivisions (a)(4),
(b1)(3), or (b1)(4) of this section, no franchise shall be required for a
sanitary landfill used only to dispose of waste generated by a coal-fired
generating unit that is owned or operated by an investor-owned utility subject
to the requirements of G.S. 143-215.107D.

(b2) The Department shall require an applicant for a
permit or a permit holder under this Article to satisfy the Department that the
applicant or permit holder, and any parent, subsidiary, or other affiliate of
the applicant, permit holder, or parent, including any joint venturer with a
direct or indirect interest in the applicant, permit holder, or parent:

(1) Is financially qualified to carry out the activity
for which the permit is required. An applicant for a permit and permit holders
for solid waste management facilities that are not hazardous waste facilities
shall establish financial responsibility as required by G.S. 130A-295.2. An
applicant for a permit and permit holders for hazardous waste facilities shall
establish financial responsibility as required by G.S. 130A-295.04.

(2) Has substantially complied with the requirements
applicable to any activity in which the applicant or permit holder, or a
parent, subsidiary, or other affiliate of the applicant, permit holder, or
parent, or a joint venturer with a direct or indirect interest in the applicant
has previously engaged and has been in substantial compliance with federal and
state laws, regulations, and rules for the protection of the environment as
provided in G.S. 130A-295.3.

(b3) An applicant for a permit or a permit holder under
this Article shall satisfy the Department that the applicant has met the
requirements of subsection (b2) of this section before the Department is
required to otherwise review the application.

(c) The Commission shall adopt and the Department
shall enforce rules governing the management of hazardous waste. These rules
shall establish a complete and integrated regulatory scheme in the area of
hazardous waste management, implement this Part, and shall:

(2) Require record keeping and reporting by generators
and transporters of hazardous waste and owners and operators of hazardous waste
facilities.

(3) Require proper labeling of hazardous waste
containers.

(4) Require use of appropriate containers for hazardous
waste.

(5) Require maintenance of a manifest system to assure
that all hazardous waste is designated for treatment, storage or disposal at a
hazardous waste facility to which a permit has been issued.

(6) Require proper transportation of hazardous waste.

(7) Develop treatment storage and disposal standards of
performance and techniques to be used by hazardous waste facilities.

(8) Develop standards regarding location, design,
ownership and construction of hazardous waste facilities; provided, however,
that no hazardous waste disposal facility or polychlorinated biphenyl disposal
facility shall be located within 25 miles of any other hazardous waste disposal
facility or polychlorinated biphenyl disposal facility.

(9) Require plans to minimize unanticipated damage from
treatment, storage or disposal of hazardous waste; and a plan or plans
providing for the establishment and/or operation of one or more hazardous waste
facilities in the absence of adequate approved hazardous waste facilities
established or operated by any person within the State.

(10) Require proper maintenance and operation of
hazardous waste facilities, including requirements for ownership by any person
or the State, require demonstration of financial responsibility in accordance
with this section and G.S. 130A-295.04, provide for training of personnel, and
provide for continuity of operation and procedures for establishing and
maintaining hazardous waste facilities.

(11) Require owners or operators of hazardous waste
facilities to monitor the facilities.

(12) Authorize or require inspection or copying of
records required to be kept by owners or operators.

(13) Provide for collection and analysis of hazardous
waste samples and samples of hazardous waste containers and labels from
generators and transporters and from owners and operators of hazardous waste
facilities.

(14) Develop a permit system governing the establishment
and operation of hazardous waste facilities.

(15) Develop additional requirements as necessary for the
effective management of hazardous waste.

(16) Require the operator of the hazardous waste disposal
facility to maintain adequate insurance to cover foreseeable claims arising
from the operation of the facility. The Department shall determine what
constitutes an adequate amount of insurance.

(17) Require the bottom of a hazardous waste disposal
facility to be at least 10 feet above the seasonal high water table and more
when necessary to protect the public health and the environment.

(18) Require the operator of a hazardous waste disposal
facility to make monthly reports to the board of county commissioners of the
county in which the facility is located on the kinds and amounts of hazardous
wastes in the facility.

(d) The Commission is authorized to adopt and the
Department is authorized to enforce rules where appropriate for public
participation in the consideration, development, revision, implementation and
enforcement of any permit rule, guideline, information or program under this
Article.

(e) Rules adopted under this section may incorporate
standards and restrictions which exceed and are more comprehensive than
comparable federal regulations.

(f) Within 10 days of receiving an application for a
permit or for an amendment to an existing permit for a hazardous waste
facility, the Department shall notify the clerk of the board of commissioners
of the county or counties in which the facility is proposed to be located or is
located and, if the facility is proposed to be located or is located within a
city, the clerk of the governing board of the city, that the application has
been filed, and shall file a copy of the application with the clerk. Prior to
the issuance of a permit or an amendment of an existing permit the Secretary or
the Secretary's designee shall conduct a public hearing in the county, or in
one of the counties in which the hazardous waste facility is proposed to be
located or is located. The Secretary or the Secretary's designee shall give
notice of the hearing, and the public hearing shall be in accordance with
applicable federal regulations adopted pursuant to RCRA and with Chapter 150B
of the General Statutes. Where the provisions of the federal regulations and
Chapter 150B of the General Statutes are inconsistent, the federal regulations
shall apply.

(g) The Commission shall develop and adopt standards
for permitting of hazardous waste facilities. Such standards shall be developed
with, and provide for, public participation; shall be incorporated into rules;
shall be consistent with all applicable federal and State law, including
statutes, regulations and rules; shall be developed and revised in light of the
best available scientific data; and shall be based on consideration of at least
the following factors:

(6) Aesthetic factors, including the visibility,
appearance, and noise level of the facility;

(7) Availability and reliability of public utilities;
and

(8) Availability of emergency response personnel and
equipment.

(h) Rules adopted by the Commission shall be subject
to the following requirements:

(1) Repealed by Session Laws 1989, c. 168, s. 20.

(2) Hazardous waste shall be treated prior to disposal
in North Carolina. The Commission shall determine the extent of waste treatment
required before hazardous waste can be disposed of in a hazardous waste
disposal facility.

(3) Any hazardous waste disposal facility hereafter
constructed in this State shall meet, at the minimum, the standards of
construction imposed by federal regulations adopted under the RCRA at the time
the permit is issued.

(4) No hazardous waste disposal facility or
polychlorinated biphenyl disposal facility shall be located within 25 miles of
any other hazardous waste disposal facility or polychlorinated biphenyl
disposal facility.

(6) The following shall not be disposed of in a
hazardous waste disposal facility: ignitables as defined in the RCRA,
polyhalogenated biphenyls of 50 ppm or greater concentration, and free liquids
whether or not containerized.

(7) Facilities for disposal or long-term storage of
hazardous waste shall have at a minimum the following: a leachate collection
and removal system above an artificial impervious liner of at least 30 mils in
thickness, a minimum of five feet of clay or clay-like liner with a maximum
permeability of 1.0 x 10 - 7 centimeters per second (cm/sec) below said
artificial liner, and a leachate detection system immediately below the clay or
clay-like liner.

(8) Hazardous waste shall not be stored at a hazardous
waste treatment facility for over 90 days prior to treatment or disposal.

(9) The Commission shall consider any hazardous waste
treatment process proposed to it, if the process lessens treatment cost or
improves treatment over then current methods or standards required by the
Commission.

(10) Prevention, reduction, recycling, and detoxification
of hazardous wastes should be encouraged and promoted. Hazardous waste disposal
facilities and polychlorinated biphenyl disposal facilities shall be detoxified
as soon as technology which is economically feasible is available and
sufficient money is available without additional appropriation.

(i) (Effective until December 31, 2017) The
Department shall report to the Fiscal Research Division of the General
Assembly, the Senate Appropriations Subcommittee on Natural and Economic
Resources, the House Appropriations Subcommittee on Natural and Economic
Resources, and the Environmental Review Commission on or before January 1 of
each year on the implementation and cost of the hazardous waste management
program. The report shall include an evaluation of how well the State and
private parties are managing and cleaning up hazardous waste. The report shall
also include recommendations to the Governor, State agencies, and the General
Assembly on ways to: improve waste management; reduce the amount of waste
generated; maximize resource recovery, reuse, and conservation; and minimize
the amount of hazardous waste which must be disposed of. The report shall
include beginning and ending balances in the Hazardous Waste Management Account
for the reporting period, total fees collected pursuant to G.S. 130A-294.1,
anticipated revenue from all sources, total expenditures by activities and
categories for the hazardous waste management program, any recommended
adjustments in annual and tonnage fees which may be necessary to assure the
continued availability of funds sufficient to pay the State's share of the cost
of the hazardous waste management program, and any other information requested
by the General Assembly. In recommending adjustments in annual and tonnage fees,
the Department may propose fees for hazardous waste generators, and for
hazardous waste treatment facilities that treat waste generated on site, which
are designed to encourage reductions in the volume or quantity and toxicity of
hazardous waste. The report shall also include a description of activities
undertaken to implement the resident inspectors program established under G.S.
130A-295.02. In addition, the report shall include an annual update on the
mercury switch removal program that shall include, at a minimum, all of the
following:

(2) A detailed description of the mercury switch
collection system developed and implemented by vehicle manufacturers in
accordance with the NVMSRP.

(3) In the event that a mercury recovery performance
ratio of at least 0.90 of the national mercury recovery performance ratio as
reported by the NVMSRP is not achieved, a description of additional or
alternative actions that may be implemented to improve the mercury switch
removal program.

(4) The number of mercury switches collected and a
description of how the mercury switches were managed.

(5) A statement that details the costs required to
implement the mercury switch removal program, including a summary of receipts
and disbursements from the Mercury Switch Removal Account.

(i) (Effective December 31, 2017) The
Department shall report to the Fiscal Research Division of the General
Assembly, the Senate Appropriations Subcommittee on Natural and Economic
Resources, the House Appropriations Subcommittee on Natural and Economic
Resources, and the Environmental Review Commission on or before January 1 of
each year on the implementation and cost of the hazardous waste management
program. The report shall include an evaluation of how well the State and
private parties are managing and cleaning up hazardous waste. The report shall
also include recommendations to the Governor, State agencies, and the General
Assembly on ways to: improve waste management; reduce the amount of waste
generated; maximize resource recovery, reuse, and conservation; and minimize
the amount of hazardous waste which must be disposed of. The report shall
include beginning and ending balances in the Hazardous Waste Management Account
for the reporting period, total fees collected pursuant to G.S. 130A-294.1,
anticipated revenue from all sources, total expenditures by activities and
categories for the hazardous waste management program, any recommended
adjustments in annual and tonnage fees which may be necessary to assure the
continued availability of funds sufficient to pay the State's share of the cost
of the hazardous waste management program, and any other information requested
by the General Assembly. In recommending adjustments in annual and tonnage
fees, the Department may propose fees for hazardous waste generators, and for
hazardous waste treatment facilities that treat waste generated on site, which
are designed to encourage reductions in the volume or quantity and toxicity of
hazardous waste. The report shall also include a description of activities
undertaken to implement the resident inspectors program established under G.S.
130A-295.02. In addition, the report shall include an annual update on the
mercury switch removal program that shall include, at a minimum, all of the
following:

(1) A detailed description and documentation of the
capture rate achieved.

(3) In the event that a capture rate of at least ninety
percent (90%) is not achieved, a description of additional or alternative
actions that may be implemented to improve the mercury minimization plan and
its implementation.

(4) The number of mercury switches collected, the
number of end-of-life vehicles containing mercury switches, the number of end-of-life
vehicles processed for recycling, and a description of how the mercury switches
were managed.

(5) A statement that details the costs required to
implement the mercury minimization plan.

(k) Each person who generates hazardous waste who is
required to pay a fee under G.S. 130A-294.1, and each operator of a hazardous
waste treatment facility which treats waste generated on-site who is required
to pay a fee under G.S. 130A-294.1, shall submit to the Department at the time
such fees are due, a written description of any program to minimize or reduce
the volume and quantity or toxicity of such waste.

(l) Disposal of solid waste in or upon water in a
manner that results in solid waste entering waters or lands of the State is
unlawful. Nothing herein shall be interpreted to affect disposal of solid waste
in a permitted landfill.

(m) Demolition debris consisting of used asphalt or
used asphalt mixed with dirt, sand, gravel, rock, concrete, or similar
nonhazardous material may be used as fill and need not be disposed of in a
permitted landfill or solid waste disposal facility. Such demolition debris may
not be placed in the waters of the State or at or below the seasonal high water
table.

(n) The Department shall encourage research and
development and disseminate information on state-of-the-art means of handling
and disposing of hazardous waste. The Department may establish a waste
information exchange for the State.

(o) The Department shall promote public education and
public involvement in the decision-making process for the siting and permitting
of proposed hazardous waste facilities. The Department shall assist localities
in which facilities are proposed in collecting and receiving information
relating to the suitability of the proposed site. At the request of a local
government in which facilities are proposed, the Department shall direct the
appropriate agencies of State government to develop such relevant data as that
locality shall reasonably request.

(p) The Department shall each year recommend to the
Governor a recipient for a "Governor's Award of Excellence" which the
Governor shall award for outstanding achievement by an industry or company in
the area of waste management.

(q) The Secretary shall, at the request of the
Governor and under the Governor's direction, assist with the negotiation of
interstate agreements for the management of hazardous waste.

(r) (Repealed effective July 1, 2015) The
Commission shall, in accordance with the procedures set forth in G.S. 160A-211.1
and G.S. 153A-152.1, review upon appeal specific privilege license tax rates
that localities may apply to waste management facilities in their jurisdiction.

§ 130A-294.1. Fees applicable to generators and transporters
of hazardous waste, and to hazardous waste storage, treatment, and disposal
facilities.

(a) It is the intent of the General Assembly that the
fee system established by this section is solely to provide funding in addition
to federal and State appropriations to support the State's hazardous waste
management program.

(b) Funds collected pursuant to this section shall be
used for personnel and other resources necessary to:

(1) Provide a high level of technical assistance and
waste minimization effort for the hazardous waste management program.

(2) Provide timely review of permit applications.

(3) Insure that permit decisions are made on a sound
technical basis and that permit decisions incorporate all conditions necessary
to accomplish the purposes of this Part.

(d) The Hazardous Waste Management Account is
established as a nonreverting account within the Department. All fees collected
under this section shall be credited to the Account and shall be used for the
purposes listed in subsection (b).

(e) A person who generates either one kilogram or more
of any acute hazardous waste as listed in 40 C.F.R. § 261.30(d) or § 261.33(e)
as revised 1 July 1987, or 1000 kilograms or more of hazardous waste, in any
calendar month during the year beginning 1 July and ending 30 June shall pay an
annual fee of one thousand four hundred dollars ($1,400).

(f) A person who generates 100 kilograms or more of
hazardous waste in any calendar month during the year beginning 1 July and
ending 30 June but less than 1000 kilograms of hazardous waste in each calendar
month during that year shall pay an annual fee of one hundred seventy-five
dollars ($175.00).

(g) A person who generates one kilogram or more of
acute hazardous waste or 1000 kilograms or more of hazardous waste in any
calendar month during the calendar year shall pay, in addition to any fee under
subsections (e) and (f) of this section, a tonnage fee of seventy cents ($0.70)
per ton or any part thereof of hazardous waste generated during that year up to
a maximum of 25,000 tons.

(h) A person who generates less than one kilogram of
acute hazardous waste and less than 100 kilograms of hazardous waste in each
calendar month during the year beginning 1 July and ending 30 June shall not be
liable for payment of a fee under subsections (e) and (f) of this section for
that year.

(i) Hazardous waste generated as a result of any type
of remedial action or by collection by a local government of hazardous waste
from households shall not be subject to a tonnage fee under subsections (g) and
(l) of this section.

(k) A storage, treatment, or disposal facility shall
pay an annual activity fee of one thousand six hundred eighty dollars ($1,680)
for each activity.

(l) A commercial hazardous waste storage, treatment,
or disposal facility shall pay annually, in addition to the fees applicable to
all hazardous waste storage, treatment, or disposal facilities, a single
tonnage charge of two dollars and forty-five cents ($2.45) per ton or any part
thereof of hazardous waste stored, treated, or disposed of at the facility. A
manufacturing facility that receives hazardous waste generated from the use of
a product typical of its manufacturing process for the purpose of recycling is
exempt from this tonnage charge. A facility must have a permit issued under
this Article which includes the recycling activity and specifies the type and
amount of waste allowed to be received from off-site for recycling.

(m) An applicant for a permit for a hazardous waste
storage, treatment, or disposal facility that proposes to operate as a
commercial facility shall pay an application fee for each proposed activity as
follows:

(1) Storage facility $14,000.

(2) Treatment facility $21,000.

(3) Disposal facility $35,000.

(n) The Commission may adopt rules setting fees for
modifications to permits. Such fees shall not exceed fifty percent (50%) of the
application fee.

(o) Annual fees established under this section are due
no later than 31 July for the fiscal year beginning 1 July in the same year.
Tonnage fees established under this section are due no later than 31 July for
the previous calendar year.

(a) An applicant for a permit for a hazardous waste
facility shall satisfy the Department that:

(1) Any hazardous waste facility constructed or
operated by the applicant, or any parent or subsidiary corporation if the
applicant is a corporation, has been operated in accordance, with sound waste
management practices and in substantial compliance with federal and state laws,
regulations and rules; and

(2) The applicant, or any parent or subsidiary
corporation if the applicant is a corporation, is financially qualified to
operate the proposed hazardous waste facility.

(b) An applicant for a permit for a hazardous waste
facility shall satisfy the Department that he has met the requirements of
subsection (a) of this section before the Department is required to otherwise
review the application. In order to continue to hold a permit under this
Chapter, a permittee must remain financially qualified and must provide any
information requested by the Department to demonstrate that he continues to be
financially qualified.

(c) No permit for any new commercial hazardous waste
treatment, storage, or disposal facility shall be issued or become effective,
and no permit for a commercial hazardous waste treatment, storage, or disposal
facility shall be modified until the applicant has satisfied the Department
that such facility is needed to meet the current or projected hazardous waste
management needs of this State or to comply with the terms of any interstate
agreement for the management of hazardous waste to which the State is a party.
The Commission shall adopt rules to implement this subsection.

(d) At least 120 days prior to submitting an
application, an applicant for a permit for a hazardous waste facility shall
provide to the county in which the facility is located, to any municipality
with planning jurisdiction over the site of the facility, and to all emergency
response agencies that have a role under the contingency plan for the facility
all of the following information:

(1) Information on the nature and type of operations to
occur at the facility.

(2) Identification of the properties of the hazardous
waste to be managed at the facility.

(3) A copy of the draft contingency plan for the
facility that includes the proposed role for each local government and each
emergency response agency that received information under this subsection.

(4) Information on the hazardous waste locations within
the facility.

(e) Within 60 days of receiving the information, each
local government and emergency response agency that receives information under
subsection (d) of this section shall respond to the applicant in writing as to
the adequacy of the contingency plan and the availability and adequacy of its
resources and equipment to respond to an emergency at the facility that results
in a release of hazardous waste or hazardous waste constituents into the
environment according to the role set forth for the local government or
emergency response agency under the contingency plan.

(f) An applicant for a permit for a hazardous waste
facility shall include documentation that each local government and emergency
response agency received the information required under subsection (d) of this
section, the written responses the applicant received under subsection (e) of
this section, and verification by each that its resources and equipment are
available and adequate to respond to an emergency at the facility in accordance
with its role as set forth in the contingency plan. If the applicant does not
receive a timely verification from a local government or emergency response
agency notified under subsection (d) of this section, the Department shall
verify the adequacy of resources and equipment for emergency response during
the course of review of the permit application, taking into account any
contracts entered into by the applicant for such emergency response resources.

(g) At each two-year interval after a permit for a
hazardous waste facility is issued, the permit holder shall verify that the
resources and equipment of each local government and emergency response agency
are available and adequate to respond to an emergency at the facility in
accordance with its role as set forth in the contingency plan and shall submit
this verification to the Department. (1981, c. 704, s.
7; 1983, c. 891, s. 2; 1983 (Reg. Sess., 1984), c. 973, s. 8; 1987, § 461, s.
3; 1989, c. 168, s. 24; 2007-107, s. 1.2(a).)

(1) "Commercial hazardous waste facility"
means any hazardous waste facility that accepts hazardous waste from the
general public or from another person for a fee, but does not include any
facility owned or operated by a generator of hazardous waste solely for his own
use, and does not include any facility owned by the State or by any agency or
subdivision thereof solely for the management of hazardous waste generated by
agencies or subdivisions of the State.

(2) "New", when used in connection with
"facility", refers to a planned or proposed facility, or a facility
that has not been placed in operation, but does not include facilities that
have commenced operations as of 22 June 1987, including facilities operated under
interim status.

(3) "Modified", when used in connection with
"permit", means any change in any permit in force on or after 22 June
1987 that would either expand the scope of permitted operations, or extend the
expiration date of the permit, or otherwise constitute a Class 2 or Class 3
modification of the permit as defined in 40 Code of Federal Regulations §
270.41 (1 July 2006).

(4) "7Q10 conditions", when used in
connection with "surface water," refers to the minimum average flow
for a period of seven consecutive days that has an average occurrence of once
in 10 years as referenced in 15 NCAC 2B.0206(a)(3) as adopted 1 February 1976.

(b) No permit for any new commercial hazardous waste
facility shall be issued or become effective, and no permit for a commercial
hazardous waste facility shall be modified, until the applicant has satisfied
the Department that such facility meets, in addition to all other applicable
requirements, the following requirements:

(1) The facility shall not discharge directly a
hazardous or toxic substance into a surface water that is upstream from a
public drinking water supply intake in North Carolina, unless there is a
dilution factor of 1000 or greater at the point of discharge into the surface
water under 7Q10 conditions.

(2) The facility shall not discharge indirectly through
a publicly owned treatment works (POTW) a hazardous or toxic substance into a
surface water that is upstream from a public drinking water supply intake in
North Carolina, unless there is a dilution factor of 1000 or greater,
irrespective of any dilution occurring in a wastewater treatment plant, at the
point of discharge into the surface water under 7Q10 conditions.

(c) The Department shall not issue a permit for a
commercial hazardous waste facility for a period of more than five years. A
permit holder for a commercial hazardous waste facility who intends to apply
for renewal of the permit shall submit an application for the renewal of the
permit at least one year before the permit expires unless the Department approves
a shorter period of time.

(d) The owner or operator of a commercial hazardous
waste facility shall maintain a record of information at an off-site location
that identifies the generators of the waste and the quantity, type, location,
and hazards of the waste at the facility and shall make this information
available in a form and manner to be determined by the Department, accessible
to the Department, to the county in which the facility is located, to any
municipality with planning jurisdiction over the site of the facility, and to
emergency response agencies that have a role under the contingency plan for the
facility.

(e) (1) Within 10
days of filing an application for a permit for a commercial hazardous waste
facility, the applicant shall notify every person who resides or owns property
located within one-fourth mile of any property boundary of the facility that
the application has been filed. The notice shall be by mail to residents and by
certified mail to property owners, or by any other means approved by the
Department, shall be in a form approved by the Department, and shall include
all of the following:

a. The location of the facility.

b. A description of the facility.

c. The hazardous and nonhazardous wastes that are to
be received and processed at the facility.

d. A description of the emergency response plan for
the facility.

(2) The permit holder for a commercial hazardous waste
facility shall publish a notice that includes the information set out in
subdivision (1) of this subsection annually beginning one year after the permit
is issued. The notice shall be published in a form and manner approved by the
Department in a newspaper of general circulation in the community where the
facility is located.

(3) The permit holder for a commercial hazardous waste
facility shall provide the information set out in subdivision (1) of this
subsection by mail to the persons described in subdivision (1) of this
subsection at the midpoint of the period for which the permit is issued.

(4) Each commercial hazardous waste facility applicant
and permit holder shall provide documentation to demonstrate to the Department
that the requirements set out in subdivisions (1), (2), and (3) of this
subsection have been met.

(f) No later than 31 January of each year, the owner
or operator of a commercial hazardous waste facility shall report to the
Department any increase or decrease in the number of sensitive land uses and
any increase or decrease in estimated population density based on information
provided by the local government that has planning jurisdiction over the site
on which the facility is located that occurred during the previous calendar
year in the area located within one-fourth mile of any property boundary of the
facility. Changes shall be recorded in the operating record of the facility. As
used in this subsection, "sensitive land use" includes residential
housing, places of assembly, places of worship, schools, day care providers,
and hospitals. Sensitive land use does not include retail businesses.

(g) The owner or operator of a commercial hazardous
waste facility shall provide a security and surveillance system at the facility
24 hours a day, seven days a week in order to continuously monitor site
conditions and to control entry. The security and surveillance system shall be
capable of promptly detecting unauthorized access to the facility; monitoring
conditions; identifying operator errors; and detecting any discharge that could
directly or indirectly cause a fire, explosion, or release of hazardous waste
or hazardous waste constituents into the environment or threaten human health.
The requirements of this subsection may be satisfied either by employing
trained facility personnel or by providing an electronic security and
surveillance system which may include television, motion detectors, heat-sensing
equipment, combustible gas monitors, or any combination of these, as approved
by the Department.

(h) The operator of a commercial hazardous waste
facility shall install an on-site wind monitor approved by the Department. The
wind monitor required shall be located so that the real-time wind direction can
be determined from a remote location in the event of a release of hazardous
waste or hazardous waste constituents into the environment. (1987, c. 437, s. 1; 2007-107, ss. 1.3(a), 1.4(a), 1.5(a),
1.6(a), 1.7(a), 1.9(a), 2.1(b); 2007-495, s. 15(a)-(e).)

(a) The Division shall employ full-time resident
inspectors for each commercial hazardous waste facility located within the
State. Such inspectors shall be employed and assigned so that at least one
inspector is on duty at all times during which any component of the facility is
in operation, is undergoing any maintenance or repair, or is undergoing any
test or calibration. Resident inspectors shall be assigned to commercial
hazardous waste management facilities so as to protect the public health and
the environment, to monitor all aspects of the operation of such facilities,
and to assure compliance with all laws and rules administered by the Division
and by any other division of the Department. Such inspectors may also enforce
laws or rules administered by any other agency of the State pursuant to an
appropriate memorandum of agreement entered into by the Secretary and the chief
administrative officer of such agency. The Division may assign additional
resident inspectors to a facility depending upon the quantity and toxicity of
waste managed at a facility, diversity of types of waste managed at the
facility, complexity of management technologies utilized at the facility, the
range of components which are included at the facility, operating history of
the facility, and other factors relative to the need for on-site inspection and
enforcement capabilities. The Division, in consultation with other divisions of
the Department, shall define the duties of each resident inspector and shall
determine whether additional resident inspectors are needed at a particular
facility to meet the purposes of this section.

(b) The Division shall establish requirements
pertaining to education, experience, and training for resident inspectors so as
to assure that such inspectors are fully qualified to serve the purposes of
this section. The Division shall provide its resident inspectors with such
training, equipment, facilities, and supplies as may be necessary to fulfill
the purposes of this section.

(c) As a condition of its permit, the owner or
operator of each commercial hazardous waste facility located within the State
shall provide and maintain such appropriate and secure offices and laboratory
facilities as the Department may require for the use of the resident inspectors
required by this section.

(d) Resident inspectors assigned to a commercial
hazardous waste facility shall have unrestricted access to all operational
areas of such facility at all times. For the protection of resident inspectors
and the public, the provisions of G.S. 143-215.107(f) shall not apply to
commercial hazardous waste facilities to which a resident inspector is
assigned.

(e) No commercial hazardous waste facility shall be
operated, undergo any maintenance or repair, or undergo any testing or
calibration unless an inspector employed by the Division is present at the
facility.

(f) The requirements of this section are intended to
enhance the ability of the Department to protect the public health and the
environment by providing the Department with the authority and resources
necessary to maintain a rigorous inspection and enforcement program at
commercial hazardous waste management facilities. The requirements of this
section are intended to be supplementary to other requirements imposed on
hazardous waste facilities. This section shall not be construed to relieve
either the owner or the operator of any such facility or the Department from
any other requirement of law or to require any unnecessary duplication of
reporting or monitoring requirements.

(g) For the purpose of enforcing the laws and rules
enacted or adopted for the protection of the public health and the environment,
resident inspectors employed pursuant to this section may be commissioned as
special peace officers as provided in G.S. 113-28.1. The provisions of Article
1A of Chapter 113 of the General Statutes shall apply to resident inspectors
commissioned as special peace officers pursuant to this subsection.

(h) The Department shall determine the full cost of
the employment and assignment of resident inspectors at each commercial
hazardous waste facility located within the State. Such costs shall include,
but are not limited to, costs incurred for salaries, benefits, travel,
training, equipment, supplies, telecommunication and data transmission, offices
and other facilities other than those provided by the owner or operator, and
administrative expenses. The Department shall establish and revise as necessary
a schedule of fees to be assessed on the users of each such facility to recover
the actual cost of the resident inspector program at that facility. The
operator of each such facility shall serve as the collection agent for such
fees, shall account to the Department on a monthly basis for all fees
collected, and shall deposit with the Department all funds collected pursuant
to this section within 15 days following the last day of the month in which
such fees are collected. Fees collected under this section shall be credited to
the General Fund as nontax revenue.

(i) The Division shall establish and revise as
necessary a program for assigning resident inspectors to commercial hazardous
waste facilities so that scheduled rotation or equivalent oversight procedures
ensure that each resident inspector will maintain objectivity.

(j) For purposes of this subsection, special purpose
commercial hazardous waste facilities include: a facility that manages limited
quantities of hazardous waste; a facility that limits its hazardous waste
management activities to reclamation or recycling, including energy or materials
recovery or a facility that stores hazardous waste primarily for use at such
facilities; or a facility that is determined to be low risk under rules adopted
by the Commission pursuant to this subsection. The Commission shall adopt rules
to determine whether a commercial hazardous waste facility is a special purpose
commercial hazardous waste facility and to establish classifications of special
purpose commercial hazardous waste facilities. The rules to determine whether a
commercial hazardous waste facility is a special purpose commercial hazardous
waste facility and to establish classifications of special purpose commercial
hazardous waste facilities shall be based on factors including, but not limited
to, the size of the facility, the type of treatment or storage being performed,
the nature and volume of waste being treated or stored, the uniformity,
similarity, or lack of diversity of the waste streams, the predictability of
the nature of the waste streams and their treatability, whether the facility
utilizes automated monitoring or safety devices that adequately perform
functions that would otherwise be performed by a resident inspector, the fact
that reclamation or recycling is being performed at the facility, and the
compliance history of the facility and its operator. Based on the foregoing
factors and any increase or decrease in the number of sensitive land uses over
time or in estimated population density over time reported pursuant to G.S.
130A-295.01(f), rules adopted pursuant to this subsection shall establish times
and frequencies for the presence of a resident inspector on less than a full-time
basis at special purpose commercial hazardous waste facilities and specify a
minimum number of additional inspections at special purpose hazardous waste
facilities.

Special purpose commercial hazardous waste facilities that
utilize hazardous waste as a fuel source shall be inspected a minimum of 40
hours per week, unless compliance data for these facilities can be
electronically monitored and recorded off-site by the Department. The
Department, considering the benefits provided by electronic monitoring, shall
determine the number of hours of on-site inspection required at these
facilities. The Department shall maintain records of all inspections at special
purpose commercial hazardous waste facilities. Such records shall contain
sufficient detail and shall be arranged in a readily understandable format so
as to facilitate determination at any time as to whether the special purpose
commercial hazardous waste facility is in compliance with the requirements of
this subsection and of rules adopted pursuant to this subsection.
Notwithstanding any other provision of this section, special purpose commercial
hazardous waste facilities shall be subject to inspection at all times during
which the facility is in operation, undergoing any maintenance or repair, or
undergoing any test or calibration.

(k) For purposes of this section, a facility that
utilizes hazardous waste as a fuel or that has used hazardous waste as a fuel
within the preceding calendar year, and that is an affiliate of and adjacent or
contiguous to a commercial hazardous waste facility, shall be subject to
inspection as a special purpose commercial hazardous waste facility under
subsection (j) of this section as if the facility that utilizes hazardous waste
as a fuel were a part of the commercial hazardous waste facility.

(l) As used in this section, the words
"affiliate", "parent", and "subsidiary" have the
same meaning as in 17 Code of Federal Regulations § 240.12b-2 (1 April 1990
Edition).

(a) For purposes of this section, the term
"container" means any portable device into which waste is placed for
storage, transportation, treatment, disposal, or other handling, and includes
the first enclosure which encompasses the waste.

(b) All hazardous waste shall be placed in containers
for disposal, except as the Commission shall provide for by rule. The
Commission shall adopt standards for the design and construction of containers
for disposal. Standards for containers may vary for different types of waste.
The standards for disposal containers may supplement or duplicate any of the
performance or engineering standards for hazardous waste disposal facilities
required under State or federal law; however, the performance or engineering
standards for hazardous waste disposal facilities are separate and cumulative,
and the performance or engineering standards for hazardous waste disposal
facilities and containers may not substitute for or replace one another. (1991, c. 450, s. 1; c. 761, s. 22.)

(a) In addition to any other financial responsibility
requirements for solid waste management facilities under this Part, the
applicant for a permit or a permit holder for a hazardous waste facility shall
establish financial assurance that will ensure that sufficient funds are
available for facility closure, post-closure maintenance and monitoring, any
corrective action that the Department may require, and to satisfy any potential
liability for sudden and nonsudden accidental occurrences, and subsequent costs
incurred by the Department in response to an incident at a facility, even if
the applicant or permit holder becomes insolvent or ceases to reside, be
incorporated, do business, or maintain assets in the State.

(b) To establish sufficient availability of funds
under this section, the applicant for a permit or a permit holder for a
hazardous waste facility may use insurance, financial tests, third-party
guarantees by persons who can pass the financial test, guarantees by corporate
parents who can pass the financial test, irrevocable letters of credit, trusts,
surety bonds, or any other financial device, or any combination of the
foregoing, shown to provide protection equivalent to the financial protection
that would be provided by insurance if insurance were the only mechanism used.

(c) The applicant for a permit or a permit holder for
a hazardous waste facility, and any parent, subsidiary, or other affiliate of
the applicant, permit holder, or parent, including any joint venturer with a
direct or indirect interest in the applicant, permit holder, or parent, shall
be a guarantor of payment for closure, post-closure maintenance and monitoring,
any corrective action that the Department may require, and to satisfy any
potential liability for sudden and nonsudden accidental occurrences arising
from the operation of the hazardous waste facility.

(f) Assets used to meet the financial assurance
requirements of this section shall be in a form that will allow the Department
to readily access funds for the purposes set out in this section. Assets used
to meet financial assurance requirements of this section shall not be
accessible to the permit holder except as approved by the Department. Compliance
with the financial assurance requirements set forth in Subpart H of Part 264 of
40 Code of Federal Regulations (July 1, 2010 edition) shall be sufficient to
meet the requirements of this subsection.

(g) The Department may provide a copy of any filing
that an applicant for a permit or a permit holder for a hazardous waste
facility submits to the Department to meet the financial responsibility
requirements under this section to the State Treasurer. The State Treasurer
shall review the filing and provide the Department with a written opinion as to
the adequacy of the filing to meet the purposes of this section, including any
recommended changes.

(h) In order to continue to hold a permit for a
hazardous waste facility, a permit holder must maintain financial
responsibility as required by this Part and must provide any information
requested by the Department to establish that the permit holder continues to
maintain financial responsibility.

(i) An applicant for a permit or a permit holder for
a hazardous waste facility shall satisfy the Department that the applicant or
permit holder has met the financial responsibility requirements of this Part
before the Department is required to otherwise review the application.

(a) The owner or operator of a hazardous waste
transfer facility in North Carolina shall register the facility with the
Department and shall obtain a hazardous waste transfer facility identification
number for the facility. In order to obtain a hazardous waste transfer facility
identification number for the facility, the owner or operator of the facility
shall provide all of the following information to the Department at the time of
registration:

(1) The location of the hazardous waste transfer
facility.

(2) The name of the owner of the property on which the
hazardous waste transfer facility is located.

(b) Except during transportation emergencies as
determined by the Department, the temporary storage, consolidation, or
commingling of hazardous waste may occur only at a hazardous waste transfer
facility that has been issued a facility identification number by the
Department.

(c) A hazardous waste transporter and the owner or
operator of a hazardous waste transfer facility shall conduct all operations at
any hazardous waste transfer facility in compliance with the requirements of 40
Code of Federal Regulations Part 263 (1 July 2006), 49 U.S.C. § 5101, et seq.,
and any laws, regulations, or rules enacted or adopted pursuant to these
federal laws. Except as preempted under 49 U.S.C. § 5125, a hazardous waste
transporter and the owner or operator of a hazardous waste transfer facility
shall also conduct all operations at any hazardous waste transfer facility in
compliance with all applicable State laws or rules.

(d) A hazardous waste transporter shall notify the
Department, on a form prescribed by the Department, of every hazardous waste
transfer facility in North Carolina that the transporter uses. A hazardous
waste transporter shall retain all records that are required to be maintained
for at least three years.

(e) The owner or operator of a hazardous waste
transfer facility shall notify the Department, on a form prescribed by the
Department, of every hazardous waste transporter that makes use of the
facility. The owner or operator of a hazardous waste transfer facility shall
retain all records that are required to be maintained for at least three years.
(2007-107, s. 1.8(c).)

(1) "Financial assurance" refers to the
ability of an applicant or permit holder to pay the costs of assessment and
remediation in the event of a release of pollutants from a facility, closure of
the facility in accordance with all applicable requirements, and post-closure
monitoring and maintenance of the facility.

(2) "Financial qualification" refers to the
ability of an applicant or permit holder to pay the costs of proper design,
construction, operation, and maintenance of the facility.

(b) The Commission may adopt rules governing financial
responsibility requirements for applicants for permits and for permit holders
to ensure the availability of sufficient funds for the proper design,
construction, operation, maintenance, closure, and post-closure monitoring and
maintenance of solid waste management facilities and for any corrective action
the Department may require during the active life of a facility or during the
closure and post-closure periods.

(c) The Department may provide a copy of any filing
that an applicant for a permit or a permit holder submits to the Department to
meet the financial responsibility requirements under this section to the State
Treasurer. The State Treasurer shall review the filing and provide the
Department with a written opinion as to the adequacy of the filing to meet the
purposes of this section, including any recommended changes.

(d) The Department may, in its sole discretion, require
an applicant for a permit to construct a facility to demonstrate its financial
qualification for the design, construction, operation, and maintenance of a
facility. The Department may require an applicant for a permit for a solid
waste management facility to provide cost estimates for site investigation;
land acquisition, including financing terms and land ownership; design;
construction of each five-year phase, if applicable; operation; maintenance;
closure; and post-closure monitoring and maintenance of the facility to the
Department. The Department may allow an applicant to demonstrate its financial
qualifications for only the first five-year phase of the facility. If the
Department allows an applicant for a permit to demonstrate its financial
qualification for only the first five-year phase of the facility, the
Department shall require the applicant or permit holder to demonstrate its
financial qualification for each successive five-year phase of the facility
when applying for a permit to construct each successive phase of the facility.

(e) If the Department requires an applicant for a
permit or a permit holder for a solid waste management facility to demonstrate
its financial qualification, the applicant or permit holder shall provide an
audited, certified financial statement. An applicant who is required to
demonstrate its financial qualification may do so through a combination of cash
deposits, insurance, and binding loan commitments from a financial institution
licensed to do business in the State and rated AAA by Standard & Poor's,
Moody's Investor Service, or Fitch, Inc. If assets of a parent, subsidiary, or
other affiliate of the applicant or a permit holder, or a joint venturer with a
direct or indirect interest in the applicant or permit holder, are proposed to
be used to demonstrate financial qualification, then the party whose assets are
to be used must be designated as a joint permittee with the applicant on the
permit for the facility.

(f) The applicant and permit holder for a solid waste
management facility shall establish financial assurance by a method or
combination of methods that will ensure that sufficient funds for closure, post-closure
maintenance and monitoring, and any corrective action that the Department may
require will be available during the active life of the facility, at closure,
and for any post-closure period of time that the Department may require even if
the applicant or permit holder becomes insolvent or ceases to reside, be
incorporated, do business, or maintain assets in the State. Rules adopted by
the Commission shall allow a business entity that is an applicant for a permit
or a permit holder to establish financial assurance through insurance,
irrevocable letters of credit, trusts, surety bonds, corporate financial tests,
or any other financial device as allowed pursuant to 40 Code of Federal
Regulations § 258.74 (July 1, 2010 Edition), or any combination of the
foregoing shown to provide protection equivalent to the financial protection
that would be provided by insurance if insurance were the only mechanism used.
Assets used to meet the financial assurance requirements of this section shall
be in a form that will allow the Department to readily access funds for the
purposes set out in this section. Assets used to meet financial assurance
requirements of this section shall not be accessible to the permit holder except
as approved by the Department. Where a corporate financial test is used that is
substantially similar to that allowed under 40 Code of Federal Regulations §
258.74 (July 1, 2010 Edition), the assets shall be presumed both to be readily
accessible by the Department and not otherwise accessible to the permit holder.

(g) In order to continue to hold a permit under this
Article, a permit holder must maintain financial responsibility and must
provide any information requested by the Department to establish that the
permit holder continues to maintain financial responsibility. A permit holder
shall notify the Department of any significant change in the: (i) identity of
any person or structure of the business entity that holds the permit for the
facility; (ii) identity of any person or structure of the business entity that
owns or operates the facility; or (iii) assets of the permit holder, owner, or
operator of the facility. The permit holder shall notify the Department within
30 days of a significant change. A change shall be considered significant if it
has the potential to affect the financial responsibility of the permit holder,
owner, or operator, or if it would result in a change in the identity of the
permit holder, owner, or operator for purposes of either financial
responsibility or environmental compliance review. Based on its review of the
changes, the Department may require the permit holder to reestablish financial
responsibility and may modify or revoke a permit, or require issuance of a new
permit.

(h) To meet the financial assurance requirements of
this section, the owner or operator of a sanitary landfill, other than a
sanitary landfill for the disposal of construction and demolition debris waste,
shall establish financial assurance sufficient to cover a minimum of two
million dollars ($2,000,000) in costs for potential assessment and corrective
action at the facility. The Department may require financial assurance in a
higher amount and may increase the amount of financial assurance required of a
permit holder at any time based upon the types of waste disposed in the
landfill, the projected amount of waste to be disposed in the landfill, the
location of the landfill, potential receptors of releases from the landfill,
and inflation. The financial assurance requirements of this subsection are in
addition to the other financial responsibility requirements set out in this
section.

(h1) To meet the financial assurance requirements of
this section, the owner or operator of a sanitary landfill for the disposal of
construction and demolition debris waste shall establish financial assurance
sufficient to cover a minimum of one million dollars ($1,000,000) in costs for
potential assessment and corrective action at the facility. The financial
assurance requirements of this subsection are in addition to the other
financial responsibility requirements set out in this section.

(i) The Commission may adopt rules under which a unit
of local government and a solid waste management authority created pursuant to
Article 22 of Chapter 153A of the General Statutes may meet the financial
responsibility requirements of this section by either a local government
financial test or a capital reserve fund requirement.

(j) In addition to the other methods by which
financial assurance may be established as set forth in subsection (f) of this
section, the Department may allow the owner or operator of a sanitary landfill
permitted on or before August 1, 2009, to meet the financial assurance
requirement set forth in subsection (h) of this section by establishing a trust
fund which conforms to the following minimum requirements:

(1) The trustee shall be an entity which has the
authority to act as a trustee and whose trust operations are regulated and
examined by a State or federal agency.

(2) A copy of the trust agreement shall be placed in
the facility's operating record.

(3) Payments into the trust fund shall be made annually
by the owner or operator over a period not to exceed five years. This period is
referred to as the pay-in period.

(4) Payments into the fund shall be made in equal
annual installments in amounts calculated by dividing the current cost estimate
for potential assessment and corrective action at the facility, which, for a
sanitary landfill, other than a sanitary landfill for the disposal of
construction and demolition debris waste, shall not be less than two million
dollars ($2,000,000) in accordance with subsection (h) of this section, by the
number of years in the pay-in period.

(5) The trust fund may be terminated by the owner or
operator only if the owner or operator establishes financial assurance by
another method or combination of methods allowed under subsection (f) of this
section.

(a) For purposes of this section,
"applicant" means an applicant for a permit and a permit holder and
includes the owner or operator of the facility, and, if the owner or operator
is a business entity, applicant also includes: (i) the parent, subsidiary, or
other affiliate of the applicant; (ii) a partner, officer, director, member, or
manager of the business entity, parent, subsidiary, or other affiliate of the
applicant; and (iii) any person with a direct or indirect interest in the
applicant, other than a minority shareholder of a publicly traded corporation
who has no involvement in management or control of the corporation or any of
its parents, subsidiaries, or affiliates.

(b) The Department shall conduct an environmental
compliance review of each applicant for a new permit, permit renewal, and
permit amendment under this Article. The environmental compliance review shall
evaluate the environmental compliance history of the applicant for a period of
five years prior to the date of the application and may cover a longer period
at the discretion of the Department. The environmental compliance review of an
applicant may include consideration of the environmental compliance history of
the parents, subsidiaries, or other affiliates of an applicant or parent that
is a business entity, including any business entity or joint venturer with a
direct or indirect interest in the applicant, and other facilities owned or
operated by any of them. The Department shall determine the scope of the review
of the environmental compliance history of the applicant, parents,
subsidiaries, or other affiliates of the applicant or parent, including any
business entity or joint venturer with a direct or indirect interest in the
applicant, and of other facilities owned or operated by any of them. An
applicant for a permit shall provide environmental compliance history
information for each facility, business entity, joint venture, or other
undertaking in which any of the persons listed in this subsection is or has
been an owner, operator, officer, director, manager, member, or partner, or in
which any of the persons listed in this subsection has had a direct or indirect
interest as requested by the Department.

(c) The Department shall determine the extent to which
the applicant, or a parent, subsidiary, or other affiliate of the applicant or
parent, or a joint venturer with a direct or indirect interest in the
applicant, has substantially complied with the requirements applicable to any
activity in which any of these entities previously engaged, and has
substantially complied with federal and State laws, regulations, and rules for
the protection of the environment. The Department may deny an application for a
permit if the applicant has a history of significant or repeated violations of statutes,
rules, orders, or permit terms or conditions for the protection of the
environment or for the conservation of natural resources as evidenced by civil
penalty assessments, administrative or judicial compliance orders, or criminal
penalties.

(d) A permit holder shall notify the Department of any
significant change in its environmental compliance history or other information
required by G.S. 130-295.2(g). The Department may reevaluate the environmental
compliance history of a permit holder and may modify or revoke a permit or
require issuance of a new permit. (2007-550, s. 6(a).)

§ 130A-295.4. Combustion products landfills.

(a) The definitions set out in G.S. 130A-290(a) apply
to this section.

(b) The Department may permit a combustion products
landfill to be constructed partially or entirely within areas that have been
formerly used for the storage or disposal of combustion products at the same
facility as the coal-fired generating unit that generates the combustion
products, provided the landfill is constructed with a bottom liner system
consisting of three components in accordance with this section. Of the required
three components, the upper two components shall consist of two separate
flexible membrane liners, with a leak detection system between the two liners.
The third component shall consist of a minimum of two feet of soil underneath
the bottom of those liners, with the soil having a maximum permeability of 1 x
10-7 centimeters per second. The flexible membrane liners shall have
a minimum thickness of thirty one-thousandths of an inch (0.030"), except
that liners consisting of high-density polyethylene shall be at least sixty one-thousandths
of an inch (0.060") thick. The lower flexible membrane liner shall be
installed in direct and uniform contact with the compacted soil layer. The
Department may approve an alternative to the soil component of the composite
liner system if the Department finds, based on modeling, that the alternative
liner system will provide an equivalent or greater degree of impermeability.

(c) An applicant for a permit for a combustion
products landfill shall develop and provide to the Department a response plan,
which shall describe the circumstances under which corrective measures are to
be taken at the landfill in the event of the detection of leaks in the leak
detection system between the upper two liner components at amounts exceeding an
amount specified in the response plan (as expressed in average gallons per day
per acre of landfill, defined as an Action Leakage Rate). The response plan
shall also describe the remedial actions that the landfill is required to
undertake in response to detection of leakage in amounts in excess of the
Action Leakage Rate. The Department shall review the response plan as a part of
the permit application for the landfill. Compliance with performance of the
landfill to prevent releases of waste to the environment may be determined
based on leakage rate rather than monitoring well data. (2007-550, s. 7(b).)

(a) An applicant for a permit for a sanitary landfill
or for a transfer station shall conduct a traffic study of the impacts of the
proposed facility. The Department shall include as a condition of a permit for
a sanitary landfill or for a transfer station a requirement that the permit
holder mitigate adverse impacts identified by the traffic study. The study
shall include all of the following at a minimum:

(1) Identification of routes from the nearest limited
access highway used to access the proposed facility.

(2) Daily and hourly traffic volumes that will result
along each approach route between the nearest limited access highway and the
proposed facility.

(3) A map identifying land uses located along the
identified approach routes, including, but not limited to, residential,
commercial, industrial development, and agricultural operations. The map shall
identify residences, schools, hospitals, nursing homes, and other significant
buildings that front the approach routes.

(4) Identification of locations on approach routes
where road conditions are inadequate to handle the increased traffic associated
with the proposed facility and a description of the mitigation measures
proposed by the applicant to address the conditions.

(5) A description of the potential adverse impacts of
increased traffic associated with the proposed facility and the mitigation
measures proposed by the applicant to address these impacts.

(6) An analysis of the impact of any increase in
freight traffic on railroads and waterways.

(b) An applicant for a permit for a sanitary landfill
or for a transfer station may satisfy the requirements of subsection (a) of
this section by obtaining a certification from the Division Engineer of the
Department of Transportation that the proposed facility will not have a
substantial impact on highway traffic. (2007-550, s.
8(a).)

§ 130A-295.6. Additional requirements for sanitary
landfills.

(a) The applicant for a proposed sanitary landfill
shall contract with a qualified third party, approved by the Department, to
conduct a study of the environmental impacts of any proposed sanitary landfill,
in conjunction with its application for a new permit as defined in sub-subdivisions
a. through d. of subdivision (1a) of subsection (b) of G.S. 130A-295.8. The
study shall meet all of the requirements set forth in G.S. 113A-4 and rules
adopted pursuant to G.S. 113A-4. If an environmental impact statement is
required, the Department shall publish notice of the draft environmental impact
statement and shall hold a public hearing in the county where the landfill will
be located no sooner than 30 days following the public notice. The Department
shall consider the study of environmental impacts and any mitigation measures
proposed by the applicant in deciding whether to issue or deny a permit. An
applicant for a permit for a sanitary landfill shall pay all costs incurred by
the Department to comply with the public notice and public hearing requirements
of this subsection.

(b) The Department shall require a buffer between any
perennial stream or wetland and the nearest waste disposal unit of a sanitary
landfill of at least 200 feet. The Department may approve a buffer of less than
200 feet, but in no case less than 100 feet, if it finds all of the following:

(1) The proposed sanitary landfill or expansion of the
sanitary landfill will serve a critical need in the community.

(2) There is no feasible alternative location that
would allow siting or expansion of the sanitary landfill with 200-foot buffers.

(c) A waste disposal unit of a sanitary landfill shall
not be constructed within:

(1) A 100-year floodplain or land removed from a 100-year
floodplain designation pursuant to 44 Code of Federal Regulations Part 72 (1
October 2006 Edition) as a result of man-made alterations within the floodplain
such as the placement of fill, except as authorized by variance granted under
G.S. 143-215.54A(b). This subdivision does not apply to land removed from a 100-year
floodplain designation (i) as a result of floodplain map corrections or updates
not resulting from man-made alterations of the affected areas within the floodplain,
or (ii) pursuant to 44 Code of Federal Regulations Part 70 (1 October 2006
Edition) by a letter of map amendment.

(2) A wetland, unless the applicant or permit holder
can show all of the following, as to the waste disposal unit:

a. Where applicable under section 404 of the federal
Clean Water Act or applicable State wetlands laws, the presumption that a
practicable alternative to the proposed waste disposal unit is available which
does not involve wetlands is clearly rebutted;

b. Construction of the waste disposal unit will not do
any of the following:

1. Cause or contribute to violations of any applicable
State water quality standard.

2. Violate any applicable toxic effluent standard or
prohibition under section 307 of the federal Clean Water Act.

3. Jeopardize the continued existence of endangered or
threatened species or result in the destruction or adverse modification of a
critical habitat, protected under the federal Endangered Species Act of 1973.

4. Violate any requirement under the federal Marine
Protection, Research, and Sanctuaries Act of 1972.

c. Construction of the waste disposal unit will not
cause or contribute to significant degradation of wetlands.

d. To the extent required under section 404 of the
federal Clean Water Act or applicable State wetlands laws, any unavoidable
wetlands impacts will be mitigated.

(d) The Department shall not issue a permit to
construct any disposal unit of a sanitary landfill if, at the earlier of (i)
the acquisition by the applicant or permit holder of the land or of an option
to purchase the land on which the waste disposal unit will be located, (ii) the
application by the applicant or permit holder for a franchise agreement, or
(iii) at the time of the application for a permit, any portion of the proposed
waste disposal unit would be located within:

(1) Five miles of the outermost boundary of a National
Wildlife Refuge.

(2) One mile of the outermost boundary of a State
gameland owned, leased, or managed by the Wildlife Resources Commission
pursuant to G.S. 113-306, prior to July 1, 2013, except as provided in
subdivision (2a) of this subsection.

(2a) Five hundred feet of the outermost boundary of a
State gameland owned, leased, or managed by the Wildlife Resources Commission
pursuant to G.S. 113-306, prior to July 1, 2013, when all of the following
conditions apply:

a. The waste disposal unit will only be permitted to
accept construction and demolition debris waste.

b. The disposal unit is located within the primary
corporate limits of a municipality located in a county with a population of
less than 15,000.

c. All portions of the gameland within one mile of the
disposal unit are separated from the disposal unit by a primary highway
designated by the Federal Highway Administration as a U.S. Highway.

(3) Two miles of the outermost boundary of a component
of the State Parks System.

(e) A sanitary landfill for the disposal of
construction and demolition debris waste shall be constructed with a liner
system that consists of a flexible membrane liner over two feet of soil with a
maximum permeability of 1 x 10 - 5 centimeters per second. The flexible
membrane liner shall have a minimum thickness of thirty one-thousandths of an
inch (0.030"), except that a liner that consists of high-density
polyethylene shall be at least sixty one-thousandths of an inch (0.060")
thick. The flexible membrane liner shall be installed in direct and uniform
contact with the soil layer. The Department may approve an alternative to the
soil component of the liner system if the Department finds, based on modeling,
that the alternative liner system will provide an equivalent or greater degree
of impermeability.

(f) A sanitary landfill, other than a sanitary
landfill for the disposal of construction and demolition debris waste, shall be
constructed so that the post-settlement bottom elevation of the liner system,
or the post-settlement bottom elevation of the waste if no liner system is
required, is a minimum of four feet above both the seasonal high groundwater
table and the bedrock datum plane contours. A sanitary landfill for the
disposal of construction and demolition debris waste shall be constructed so
that the post-settlement bottom elevation of the flexible membrane liner
component of the liner system is a minimum of four feet above both the seasonal
high groundwater table and the bedrock datum plane contours.

(g) A permit holder for a sanitary landfill shall
develop and implement a waste screening plan. The plan shall identify measures
adequate to ensure compliance with State laws and rules and any applicable
local ordinances that prohibit the disposal of certain items in landfills. The
plan shall address all sources of waste generation. The plan is subject to
approval by the Department.

(h) The following requirements apply to any sanitary
landfill for which a liner is required:

(1) A geomembrane base liner system shall be tested for
leaks and damage by methods approved by the Department that ensure that the
entire liner is evaluated.

(2) A leachate collection system shall be designed to return
the head of the liner to 30 centimeters or less within 72 hours. The design
shall be based on the precipitation that would fall on an empty cell of the
sanitary landfill as a result of a 25-year-24-hour storm event. The leachate
collection system shall maintain a head of less than 30 centimeters at all
times during leachate recirculation. The Department may require the operator to
monitor the head of the liner to demonstrate that the head is being maintained
in accordance with this subdivision and any applicable rules.

(3) All leachate collection lines shall be designed and
constructed to permanently allow cleaning and remote camera inspection. Remote
camera inspections of the leachate collection lines shall occur upon completion
of the construction and at least once every five years. Cleaning of leachate
collection lines found necessary for proper functioning and to address buildup
of leachate over the liner shall occur.

(4) Any pipes used to transmit leachate shall provide
dual containment outside of the disposal unit. The bottom liner of a sanitary
landfill shall be constructed without pipe penetrations.

(h1) With respect to requirements for daily cover at
sanitary landfills, o nce the Department has approved use of an alternative
method of daily cover for use at any sanitary landfill, that alternative method
of daily cover shall be approved for use at all sanitary landfills located
within the State.

(h2) Studies and research and development pertaining to
alternative disposal techniques and waste-to-energy matters shall be conducted
by certain sanitary landfills as follows:

(1) The owner or operator of any sanitary landfill
permitted to receive more than 240,000 tons of waste per year shall research
the development of alternative disposal technologies. In addition, the owner or
operator shall allow access to nonproprietary information and provide site
resources for individual research and development projects related to
alternative disposal techniques for the purpose of studies that may be
conducted by local community or State colleges and universities or other third-party
developers or consultants. The owner or operator shall report on research and
development activities conducted pursuant to this subdivision, and any results
of these activities, to the Department annually on or before July 1.

(2) The owner or operator of any sanitary landfill
permitted to receive more than 240,000 tons of waste per year shall perform a
feasibility study of landfill gas-to-energy, or other waste-to-energy
technology, to determine opportunities for production of renewable energy from
landfills in order to promote economic development and job creation in the
State. The owner or operator shall initiate the study when sufficient waste is
in place at the landfill to produce gas, as determined by the United States
Environmental Protection Agency's Landfill Gas Emissions Model (LandGEM), and
may consult and coordinate with other entities to facilitate conduct of the
study, including local and State government agencies, economic development
organizations, consultants, and third-party developers. The study shall
specifically examine opportunities for returning a portion of the benefits
derived from energy produced from the landfill to the jurisdiction within which
the landfill is located in the form of direct supply of energy to the local
government and its citizens, or through revenue sharing with the local
government from sale of the energy, with revenues owing to the local government
credited to a fund specifically designated for economic development within the
jurisdiction. The owner or operator shall report on its activities associated
with the study, and any results of the study, to the Department annually on or
before July 1.

(i) The Department shall not issue a permit for a sanitary
landfill that authorizes:

(1) A capacity of more than 55 million cubic yards of
waste.

(2) A disposal area of more than 350 acres.

(3) A maximum height, including the cap and cover
vegetation, of more than 250 feet above the mean natural elevation of the
disposal area.

(j) This section does not apply to landfills for the
disposal of land clearing and inert debris or to Type I or Type II compost
facilities. (2007-543, s. 1(a)-(c); 2007-550, s.
9(a), (c); 2013-25, s. 1; 2013-410, s. 47.6; 2013-413, s. 59.1.)

(a) The Solid Waste Management Account is established
as a nonreverting account within the Department. All fees collected under this
section shall be credited to the Account and shall be used to support the solid
waste management program established pursuant to G.S. 130A-294.

(b) As used in this section:

(1) "Major permit modification" means an
application for any change to the approved engineering plans for a sanitary
landfill or transfer station permitted for a 10-year design capacity that does
not constitute a "permit amendment," "new permit," or
"permit modification."

(1a) "New permit" means any of the following:

a. An application for a permit for a solid waste
management facility that has not been previously permitted by the Department.
The term includes one site suitability review, the initial permit to construct,
and one permit to operate the constructed portion of a phase included in the
permit to construct.

b. An application that proposes to expand the boundary
of a permitted waste management facility for the purpose of expanding the
permitted activity.

c. An application that includes a proposed expansion
to the boundary of a waste disposal unit within a permitted solid waste
management facility.

d. An application for a substantial amendment to a
solid waste permit, as defined in G.S. 130A-294.

(2) "Permit amendment" means any of the
following:

a. An application for a permit to construct and one
permit to operate for the second and subsequent phases of landfill development
described in the approved facility plan for a permitted solid waste management
facility.

b. An application for the five-year renewal of a
permit for a permitted solid waste management facility or for a permit review
of a permitted solid waste management facility.

c. Any application that proposes a change in ownership
or corporate structure of a permitted solid waste management facility.

(3) "Permit modification" means any of the
following:

a. An application for any change to the plans approved
in a permit for a solid waste management facility that does not constitute a
"permit amendment" or a "new permit".

b. A second or subsequent permit to operate for a
constructed portion of a phase included in the permit to construct.

c. An application for a five-year limited review of a
10-year permit, as required by G.S. 130A-294(a2), including review of the
operations plan, closure plan, post-closure plan, financial assurance cost
estimates, environmental monitoring plans, and any other applicable plans for
the facility.

(c) An applicant for a permit shall pay an application
fee upon submission of an application according to the following schedule:

(d) A permitted solid waste management facility shall
pay an annual permit fee on or before 1 August of each year according to the following
schedule:

(1) Municipal Solid Waste Landfill - $3,500.

(2) Post-Closure Municipal Solid Waste Landfill -
$1,000.

(3) Construction and Demolition Landfill - $2,750.

(4) Post-Closure Construction and Demolition Landfill -
$500.

(5) Industrial Landfill - $2,750.

(6) Post-Closure Industrial Landfill - $500.

(7) Transfer Station - $750.

(8) Treatment and Processing Facility - $500.

(9) Tire Monofill - $500.

(10) Incinerator - $500.

(11) Large Compost Facility - $500.

(12) Land Clearing and Inert Debris Landfill - $500.

(e) The Department shall determine whether an
application for a permit for a solid waste management facility that is subject
to a fee under this section is complete within 90 days after the Department
receives the application for the permit. A determination of completeness means
that the application includes all required components but does not mean that
the required components provide all of the information that is required for the
Department to make a decision on the application. If the Department determines
that an application is not complete, the Department shall notify the applicant
of the components needed to complete the application. An applicant may submit
additional information to the Department to cure the deficiencies in the application.
The Department shall make a final determination as to whether the application
is complete within the later of: (i) 90 days after the Department receives the
application for the permit less the number of days that the applicant uses to
provide the additional information; or (ii) 30 days after the Department
receives the additional information from the applicant. The Department shall
issue a draft permit decision on an application for a permit within one year
after the Department determines that the application is complete. The
Department shall hold a public hearing and accept written comment on the draft
permit decision for a period of not less than 30 or more than 60 days after the
Department issues a draft permit decision. The Department shall issue a final
permit decision on an application for a permit within 90 days after the comment
period on the draft permit decision closes. The Department and the applicant
may mutually agree to extend any time period under this subsection. If the
Department fails to act within any time period set out in this subsection, the
applicant may treat the failure to act as a denial of the permit and may
challenge the denial as provided in Chapter 150B of the General Statutes. (2007-550, s. 13(a); 2013-408, s. 2.)

§ 130A-295.9. Solid waste disposal tax; use of proceeds.

It is the intent that the proceeds of the solid waste
disposal tax imposed by Article 5G of Chapter 105 of the General Statutes
credited to the Inactive Hazardous Sites Cleanup Fund pursuant to G.S. 105-187.63(1)
shall be used by the Department of Environment and Natural Resources to fund
the assessment and remediation of pre-1983 landfills, except up to nineteen
percent (19%) of the funds credited under this subdivision may be used to fund
administrative expenses related to hazardous and solid waste management. (2007-550, s. 14(b); 2009-451, s. 13.3E; 2010-31, s.
13.9(a); 2014-100, s. 14.24(a).)

§ 130A-296: Repealed by Session Laws 1993, c. 501, s. 15.

§ 130A-297. Receipt and distribution of funds.

The Department may accept loans and grants from the federal
government and other sources for carrying out the purposes of this Article, and
shall adopt reasonable policies governing the administration and distribution
of funds to units of local government, other State agencies, and private
agencies, institutions or individuals for studies, investigations,
demonstrations, surveys, planning, training, and construction or establishment
of solid waste management facilities. (1969, c. 899;
1973, c. 476, s. 128; 1977, 2nd Sess., c. 1216; 1983, c. 1891, s. 2.)

§ 130A-298. Hazardous waste fund.

A nonreverting hazardous waste fund is established within the
Department which shall be available to defray the cost to the State for
monitoring and care of hazardous waste disposal facilities after the
termination of the period during which the facility operator is required by
applicable State and federal statutes, rules or regulations to remain
responsible for post-closure monitoring and care. The establishment of this
fund shall in no way be construed to relieve or reduce the liability of
facility operators or any persons for damages caused by the facility. The fund
shall be maintained by fees collected pursuant to the provisions of G.S. 130A-294(a)(6).
(1981, c. 704, s. 7; 1983, c. 891, s. 2; 1989, c. 168,
s. 25.)

This Article shall not be construed as amending, repealing or
in any manner abridging or interfering with those sections of the General
Statutes of North Carolina relative to the control of water pollution as now
administered by the Commission nor shall the provisions of this Article be
construed as being applicable to or in any way affecting the authority of the
Commission to control the discharges of wastes to the waters of the State as provided
in Articles 21 and 21A, Chapter 143 of the General Statutes. (1977, 2nd Sess., c. 1216; 1983, c. 891, s. 2; 2014-122, s.
11(d).)

§ 130A-301. Recordation of permits for disposal of waste on
land and Notice of Open Dump.

(a) Whenever the Department approves a permit for a
sanitary landfill or a facility for the disposal of hazardous waste on land,
the owner of the facility shall be granted both an original permit and a copy
certified by the Secretary. The permit shall include a legal description of the
site that would be sufficient as a description in an instrument of conveyance.

(b) The owner of a facility granted a permit for a
sanitary landfill or a facility for the disposal of hazardous waste on land
shall file the certified copy of the permit in the office of the register of
deeds in the county or counties in which the land is located.

(d) The permit shall not be effective unless the
certified copy is filed as required under subsection (b) of this section.

(e) When a sanitary landfill or a facility for the
disposal of hazardous waste on land is sold, leased, conveyed or transferred,
the deed or other instrument of transfer shall contain in the description
section in no smaller type than that used in the body of the deed or instrument
a statement that the property has been used as a sanitary landfill or a
disposal site for hazardous waste and a reference by book and page to the
recordation of the permit.

(f) When the Department determines that an open dump
exists, the Department shall notify the owner or operator of the open dump of
applicable requirements to take remedial action at the site of the open dump to
protect public health and the environment. If the owner or operator fails to
take remedial action, the Department may record a Notice of Open Dump in the
office of the register of deeds in the county or counties where the open dump
is located. Not less than 30 days before recording the Notice of Open Dump, the
Department shall notify the owner or operator of its intention to file a Notice
of Open Dump. The Department may notify the owner or operator of its intention
to file a Notice of Open Dump at the time it notifies the owner or operator of
applicable requirements to take remedial action. An owner or operator may
challenge a decision of the Department to file a Notice of Open Dump by filing
a contested case under Article 3 of Chapter 150B of the General Statutes. If an
owner or operator challenges a decision of the Department to file a Notice of
Open Dump, the Department shall not file the Notice of Open Dump until the
contested case is resolved, but may file a notice of pending litigation under
Article 11 of Chapter 1 of the General Statutes. This power is additional and
supplemental to any other power granted to the Department. This subsection does
not repeal or supersede any statute or rule requiring or authorizing record
notice by the owner.

(1) The Department shall file the Notice of Open Dump
in the Office of the Register of Deeds in substantially the following form:

"NOTICE OF OPEN DUMP

The Division of Waste Management of
the North Carolina Department of Environment and Natural Resources has
determined that an open dump exists on the property described below. The
Department provides the following information regarding this open dump as a
public service. This Notice is filed pursuant to G.S. 130A-301(f).

Name(s) of the record owner(s):
_______________________________

Description of the real property:
_______________________________

Description of the particular area
where the open dump is located: ____

Any person who has questions
regarding this Notice should contact the Division of Waste Management of the
North Carolina Department of Environment and Natural Resources. The contact
person for this Notice is: ______________ who may be reached by telephone at
______________ or by mail at ______________. Requests for inspection and
copying of public records regarding this open dump may be directed to
______________ who may be reached by telephone at ______________ or by mail at
______________.

__________________________________________________________

Secretary of Environment and Natural
Resources by _________________

Date: _________."

(2) The description of the particular area where the
open dump is located shall be based on the best information available to the
Department but need not be a survey plat that meets the requirements of G.S. 47-30
unless a survey plat that meets those requirements and that is approved by the
Department is furnished by the owner or operator.

(4) When the owner removes all solid waste from the
open dump site to the satisfaction of the Department, the Department shall file
a Cancellation of the Notice of Open Dump. The Cancellation shall be in a form
similar to the original Notice of Open Dump and shall state that all the solid
waste that constituted the open dump has been removed to the satisfaction of the
Department. (1973, c. 444; c. 476, s. 128; 1977, 2nd
Sess., c. 1216; 1981, c. 480, s. 3; 1983, c. 891, s. 2; 1997-330, s. 2; 1997-443,
s. 11A.119(b); 2012-18, s. 1.17.)

§ 130A-301.1. Land clearing and inert debris landfills with
a disposal area of 1/2 acre or less; recordation.

(a) No landfill for the on-site disposal of land
clearing and inert debris shall, at the time the landfill is sited, be sited 50
feet or less from a boundary of an adjacent property.

(b) The owner of a landfill for the on-site disposal
of land clearing and inert debris shall file a certified copy of a survey of
the property on which the landfill is located in the register of deeds' office
in the county in which the property is located, which survey shall accurately
show the location of the landfill and the record owner of the land on which the
landfill is situated.

(c) Prior to the lease or conveyance of any lot or
tract of land which directly abuts or is contiguous to the disposal area used
for land clearing and inert debris, the owner of the lot or tract shall prepare
a document disclosing that a portion of the property has been used as a
disposal area for land clearing and inert debris or has been used to meet
applicable minimum buffer requirements. The disclosure shall include a legal
description of the property that would be sufficient in an instrument of
conveyance and shall be filed in the register of deeds office prior to any
lease or conveyance.

(d) No public, commercial, or residential building
shall be located or constructed on the property, or any portion of the property
on which the landfill for the on-site disposal of land clearing and inert
debris is located, 50 feet or less from the landfill. Construction of such
buildings, with the exception of site preparation and foundation work, shall
not commence until after closure of the on-site land clearing and inert debris
landfill.

(e) Source reduction methods including, but not
limited to, chipping and mulching of land clearing and inert debris shall be
utilized to the maximum degree technically and economically feasible.

(f) The Department of Transportation is exempt from
subsections (b) and (c) of this section for the on-site disposal of land
clearing and inert debris on highway rights-of-way. (1993
(Reg. Sess., 1994), c. 580, s. 2.)

(a) A person may dispose of demolition debris from the
decommissioning of manufacturing buildings, including electric generating
stations, on the same site as the decommissioned buildings if the demolition
debris meets all of the following requirements:

(1) It is composed only of inert debris such as brick
or other masonry materials, dirt, sand, gravel, rock, and concrete if the
material, when characterized using the toxicity characteristic leaching
procedure developed by the United States Environmental Protection Agency, is
not a hazardous waste. The debris may contain small amounts of wood, paint, sealants,
and metal associated with the inert debris.

(2) It does not extend beyond the footprint of the
decommissioned buildings and shall be at least 50 feet from the property
boundary or enclosed by the walls of the building that are left in place below
grade. Walls left in place below grade are not subject to the requirements of
subdivision (4) of this subsection.

(3) It is placed at least 500 feet from the nearest
drinking water well.

(4) It is placed to assure at least two feet of clean
soil between any coated inert debris and the seasonal high groundwater table.
Uncoated inert debris may be used as fill anywhere within the footprint of the
decommissioned building or as beneficial fill on the site.

(5) It complies with all other applicable federal,
State, and local laws, regulations, rules, and ordinances.

(b) After the decommissioning is completed or
terminated, the owner or operator shall compact the demolition debris and cover
it with at least two feet of compacted earth finer than a sandy texture soil. The
cover of the demolition debris shall be graded so as to minimize water
infiltration, promote proper drainage, and control erosion. Erosion of the
cover shall be controlled by establishing suitable vegetative cover. All site
stabilization should be completed within 90 days of the completed demolition.

(c) Within 30 days of completing the final site
stabilization or at least 30 days before the land, or any interest in the land,
on which the demolition debris is located is transferred, whichever is earlier,
the owner or owners of record of the land on which the demolition debris is
located shall file each of the following with the register of deeds of the
county in which the demolition debris is located:

(1) A survey plat of the property that meets the requirements
of G.S. 47-30. The plat shall accurately show the location of the demolition
debris in a manner that will allow the demolition debris disposal site to be
accurately delineated and shall reference this section.

(2) A notice that disposal of demolition debris has
been located on the land. The notice shall include a description of the land
that would be sufficient as a description in an instrument of conveyance. The
notice shall list the owners of record of the land at the time the notice is
filed and shall reference the book and page number where the deed or other
instrument by which the owners of record acquired title is located. The notice
shall reference the book and page number where the survey plat required by
subdivision (1) of this subsection is recorded. The notice shall reference this
section, shall describe with particularity the type and size of the building or
other structure that was demolished, and shall state the dates on which the
demolition began and ended. The notice shall be executed by the owner or owners
of record as provided in Chapter 47 of the General Statutes. The register of
deeds shall record the notice and index it in the grantor index under the names
of all owners of record of the land.

(d) A certified copy of both the plat and notice
required by subsection (c) of this section shall also be filed with the
Department. The plat and the notice shall indicate on the face of the document
the book and page number where recorded.

(e) When the land, or any portion of the land, on which
the demolition debris is located is sold, leased, conveyed, or transferred, the
deed or other instrument of transfer shall contain a statement that the
property has been used for the disposal of demolition debris. The statement
shall include a reference to this section and to the book and page number where
the notice required by subdivision (2) of subsection (c) of this section is
recorded. (2013-55, s. 2.)

§ 130A-302. Sludge deposits at sanitary landfills.

Sludges generated by the treatment of wastewater discharges
which are point sources subject to permits granted under Section 402 of the
Federal Water Pollution Control Act, as amended (P.L. 92-500), or permits
generated under G.S. 143-215.1 by the Commission shall not be deposited in or
on a sanitary landfill permitted under this Article unless in a compliance with
the rules concerning solid waste adopted under this Article. (1977, 2nd Sess., c. 1216; 1983, c. 891, s. 2; 2014-122, s.
11(e).)

§ 130A-303. Imminent hazard.

(a) The judgment of the Secretary that an imminent
hazard exists concerning solid waste shall be supported by findings of fact
made by the Secretary.

(b) In order to eliminate an imminent hazard, the
Secretary may, without notice or hearing, issue an order requiring that
immediate action be taken to protect the public health or the environment. This
order may be directed to a generator or transporter of solid waste or to the
owner or operator of a solid waste management facility. Where the imminent
hazard is caused by an inactive hazardous substance or waste disposal site, the
Secretary shall follow the procedures set forth in G.S. 130A-310.5. (1977, 2nd Sess., c. 1216; 1981, c. 704, s. 7; 1983, c.
891, s. 2; 1987, c. 574, s. 3; 2009-570, s. 27.)

§ 130A-304. Confidential information protected.

(a) The following information received or prepared by
the Department in the course of carrying out its duties and responsibilities
under this Article is confidential information and shall not be subject to
disclosure under G.S. 132-6:

(1) Information which the Secretary determines is
entitled to confidential treatment pursuant to G.S. 132-1.2. If the Secretary
determines that information received by the Department is not entitled to
confidential treatment, the Secretary shall inform the person who provided the
information of that determination at the time such determination is made. The
Secretary may refuse to accept or may return any information that is claimed to
be confidential that the Secretary determines is not entitled to confidential
treatment.

(2) Information that is confidential under any
provision of federal or state law.

(3) Information compiled in anticipation of enforcement
or criminal proceedings, but only to the extent disclosure could reasonably be
expected to interfere with the institution of such proceedings.

(b) Confidential information may be disclosed to
officers, employees, or authorized representatives of federal or state agencies
if such disclosure is necessary to carry out a proper function of the
Department or the requesting agency or when relevant in any proceeding under
this Article.

This Article shall be interpreted as enabling the State to
obtain federal financial assistance in carrying out its solid waste management
program and to obtain the authority needed to assume primary enforcement
responsibility for that portion of the solid waste management program
concerning the management of hazardous waste. (1983,
c. 891, s. 2.)

§ 130A-306. Emergency Response Fund.

There is established under the control and direction of the
Department, an Emergency Response Fund which shall be a nonreverting fund
consisting of any money appropriated for such purpose by the General Assembly
or available to it from grants, fees, charges, and other money paid to or
recovered by or on behalf of the Department pursuant to this Article, except
fees and penalties specifically designated by this Article for some other use
or purpose. The Emergency Response Fund shall be treated as a special trust
fund and shall be credited with interest by the State Treasurer pursuant to
G.S. 147-69.2 and G.S. 147-69.3. The Fund shall be used to defray expenses
incurred by the Department in developing and implementing an emergency
hazardous waste remedial plan and to reimburse any federal, State or local
agency and any agent or contractor for expenses incurred in developing and
implementing such a plan that has been approved by the Department. These funds
shall be used upon a determination that sufficient funds or corrective action
cannot be obtained from other sources without incurring a delay that would
significantly increase the threat to life or risk of damage to the environment.
This Fund may not exceed five hundred thousand dollars ($500,000); money in excess
of five hundred thousand dollars ($500,000) shall be deposited in the Inactive
Hazardous Sites Cleanup Fund. The Secretary is authorized to take the necessary
action to recover all costs incurred by the State for site investigation and
the development and implementation of an emergency hazardous waste remedial
plan, including attorney's fees and other expenses of bringing the cost
recovery action from the responsible party or parties. The provisions of G.S.
130A-310.7 shall apply to actions to recover costs under this section except
that: (i) reimbursement shall be to the Emergency Response Fund and (ii) the
State need not show that it has complied with the provisions of Part 3 of this
Article. (1983 (Reg. Sess., 1984), c. 1034, s. 74;
1989, c. 286, s. 1; 1998-215, s. 54(b).)

(a) Standards adopted under G.S. 130A-294(c) and a
permit issued under G.S. 130A-294(c) shall require corrective action for all
releases of hazardous waste or constituents from any solid waste management
unit at a treatment, storage, or disposal facility seeking a permit under G.S.
130A-294(c), regardless of the time at which waste was placed in such unit.
Permits issued under G.S. 130A-294(c) which implement Section 3005 of RCRA (42
U.S.C. § 6925) shall contain schedules of compliance for corrective action if
corrective action cannot be completed prior to issuance of the permit and
establishment of financial assurance for completing corrective action.
Notwithstanding any other provision of this section, this section shall apply
only to units, facilities, and permits that are covered by Section 3004(u) of
RCRA (42 U.S.C. § 6924(u)). Notwithstanding the foregoing, corrective action
authorized elsewhere in this Chapter shall not be limited by this section.

(b) The definitions set out in G.S. 130A-310.31(b) apply
to this subsection. Any person may submit a written request to the Department
for a determination that a corrective action for a release of a hazardous waste
or constituents from a solid waste management unit that is a treatment,
storage, or disposal facility permitted under G.S 130A-294(c) has been
completed to unrestricted use standards. A request for a determination that a
corrective action at a facility has been completed to unrestricted use
standards shall be accompanied by the fee required by G.S. 130A-310.39(a)(2).
If the Department determines that the corrective action at a facility has been
completed to unrestricted use standards, the Department shall issue a written
notification that no further corrective action will be required at the
facility. The notification shall state that no further corrective action will
be required at the facility unless the Department later determines, based on
new information or information not previously provided to the Department, that
the corrective action at the facility has not been completed to unrestricted
use standards or that the Department was provided with false or incomplete
information. Under any of those circumstances, the Department may withdraw the
notification and require responsible parties to take corrective action at a
facility to bring the facility into compliance with unrestricted use standards.
(1985, c. 738, s. 4; 1989, c. 168, s. 27; 1997-357, s.
4; 2001-384, s. 11; 2007-107, s. 1.1(f).)

§ 130A-309. Corrective actions beyond facility boundary.

Standards adopted under G.S. 130A-294(c) shall require that
corrective action be taken beyond the facility boundary where necessary to
protect human health and the environment unless the owner or operator of the
facility concerned demonstrates to the satisfaction of the Department that,
despite the owner or operator's best efforts, the owner or operator was unable
to obtain the necessary permission to undertake such action. Such standards
shall take effect upon adoption and shall apply to:

(1) All facilities operating under permits issued under
G.S. 130A-294(c); and

(2) All disposal facilities, surface impoundments, and
waste pile units (including any new units, replacements of existing units or
lateral expansions of existing units) which receive hazardous waste after July
26, 1982.

Pending adoption of such rules, the Department shall issue
corrective action orders for facilities referred to in (1) and (2), on a case-by-case
basis, consistent with the purposes of this section. Notwithstanding any other
provision of this section, this section shall apply only to units, facilities,
and permits that are covered by Section 3004(v) of RCRA (42 U.S.C. § 6924(v)).
Notwithstanding the foregoing, corrective action authorized elsewhere in this
Chapter shall not be limited by this section. (1985,
c. 738, s. 4; 1989, c. 168, s. 28.)

Part 2A. Nonhazardous Solid Waste Management.

§ 130A-309.01. Title.

This Part may be cited as the Solid Waste Management Act of
1989. (1989, c. 784, s. 2.)

§ 130A-309.02. Applicability.

This Part shall apply to solid waste other than hazardous
waste and sludges. (1989, c. 784, s. 2.)

§ 130A-309.03. Findings, purposes.

(a) The General Assembly finds that:

(1) Inefficient and improper methods of managing solid
waste create hazards to public health, cause pollution of air and water
resources, constitute a waste of natural resources, have an adverse effect on
land values, and create public nuisances.

(2) Problems of solid waste management have become a
matter statewide in scope and necessitate State action to assist local
governments in improving methods and processes to promote more efficient
methods of solid waste collection and disposal.

(3) The continuing technological progress and
improvements in methods of manufacture, packaging, and marketing of consumer
products have resulted in an ever-mounting increase of the mass of material
discarded by the purchasers of the products, thereby necessitating a statewide
approach to assisting local governments around the State with their solid waste
management programs.

(4) The economic growth and population growth of our
State have required increased industrial production together with related
commercial and agricultural operations to meet our needs, which have resulted
in a rising tide of unwanted and discarded materials.

(5) The failure or inability to economically recover
material and energy resources from solid waste results in the unnecessary waste
and depletion of our natural resources; such that, maximum resource recovery
from solid waste and maximum recycling and reuse of the resources must be
considered goals of the State.

(6) Certain solid waste, due to its quantity; concentration;
or physical, chemical, biological, or infectious characteristics; is
exceptionally hazardous to human health, safety, and to the environment; such
that exceptional attention to the transportation, disposal, storage, and
treatment of the waste is necessary to protect human health, safety, and
welfare; and to protect the environment.

(7) This Part should be integrated with other State
laws and rules and applicable federal law.

(b) It is the purpose of this Part to:

(1) Regulate in the most economically feasible, cost-effective,
and environmentally safe manner the storage, collection, transport, separation,
processing, recycling, and disposal of solid waste in order to protect the
public health, safety, and welfare; enhance the environment for the people of
this State; and recover resources which have the potential for further
usefulness.

(2) Establish and maintain a cooperative State program
of planning, technical assistance, and financial assistance for solid waste
management.

(4) Require review of the design, and issue permits for
the construction, operation, and closure of solid waste management facilities.

(5) Promote the application of resource recovery
systems that preserve and enhance the quality of air, water, and land
resources.

(6) Ensure that exceptionally hazardous solid waste is
transported, disposed of, stored, and treated in a manner adequate to protect
human health, safety, and welfare; and the environment.

(7) Promote the reduction, recycling, reuse, or
treatment of solid waste, specifically including hazardous waste, in lieu of
disposal of the waste.

(8) Promote methods and technology for the treatment,
disposal, and transportation of hazardous waste which are practical, cost-effective,
and economically feasible.

(9) Encourage counties and municipalities to utilize
all means reasonably available to promote efficient and proper methods of
managing solid waste and to promote the economical recovery of material and
energy resources from solid waste, including contracting with persons to
provide or operate resource recovery services or facilities on behalf of the
county or municipality.

(10) Promote the education of the general public and the
training of solid waste professionals to reduce the production of solid waste,
to ensure proper disposal of solid waste, and to encourage recycling.

(11) Encourage the development of waste reduction and
recycling as a means of managing solid waste, conserving resources, and
supplying energy through planning, grants, technical assistance, and other
incentives.

(12) Encourage the development of the State's recycling
industry by promoting the successful development of markets for recycled items
and by promoting the acceleration and advancement of the technology used in
manufacturing processes that use recycled items.

(13) Give the State a leadership role in recycling
efforts by granting a preference in State purchasing to products with recycled
content.

(14) Require counties to develop and implement recycling
programs so that valuable materials may be returned to productive use, energy
and natural resources conserved, and the useful life of solid waste management
facilities extended.

(15) Ensure that medical waste is transported, stored,
treated, and disposed of in a manner sufficient to protect human health,
safety, and welfare; and the environment.

(16) Require counties, municipalities, and State agencies
to determine the full cost of providing storage, collection, transport,
separation, processing, recycling, and disposal of solid waste in an
environmentally safe manner; and encourage counties, municipalities, and State
agencies to contract with private persons for any or all the services in order
to assure that the services are provided in the most cost-effective manner. (1989, c. 784, s. 2.)

§ 130A-309.04. State solid waste management policy and
goals.

(a) It is the policy of the State to promote methods
of solid waste management that are alternatives to disposal in landfills and to
assist units of local government with solid waste management. In furtherance of
this State policy, there is established a hierarchy of methods of managing
solid waste, in descending order of preference:

(1) Waste reduction at the source;

(2) Recycling and reuse;

(3) Composting;

(4) Incineration with energy recovery;

(5) Incineration without energy recovery;

(6) Disposal in landfills.

(b) It is the policy of the State to encourage
research into innovative solid waste management methods and products and to
encourage regional solid waste management projects.

(c) It is the goal of this State to reduce the
municipal solid waste stream, primarily through source reduction, reuse,
recycling, and composting, by forty percent (40%) on a per capita basis by 30
June 2001.

(c1) To measure progress toward the municipal solid
waste reduction goal in a given year, comparison shall be made between the
amount by weight of the municipal solid waste that, during the baseline year
and the given year, is received at municipal solid waste management facilities
and is:

(1) Disposed of in a landfill;

(2) Incinerated;

(3) Converted to tire-derived fuel; or

(4) Converted to refuse-derived fuel.

(c2) Comparison shall be between baseline and given
years beginning on 1 July and ending on 30 June of the following year. The
baseline year shall be the year beginning 1 July 1991 and ending 30 June 1992.
However, a unit of local government may use an earlier baseline year if it
demonstrates to the satisfaction of the Department that it has sufficient data
to support the use of the earlier baseline year.

(d) In furtherance of the State's solid waste
management policy, each State agency shall develop a solid waste management
plan that is consistent with the solid waste management policy of the State.

(d1) It is the policy of the State to obtain, to the
extent practicable, economic benefits from the recovery from solid waste and
reuse of material and energy resources. In furtherance of this policy, it is
the goal of the State to foster partnerships between the public and private
sectors that strengthen the supply of, and demand for, recyclable and reusable
materials and that foster opportunities for economic development from the
recovery and reuse of materials.

(a) Notwithstanding other provisions of this Article,
the following waste shall be regulated pursuant to this Part:

(1) Medical waste; and

(2) Ash generated by a solid waste management facility
from the burning of solid waste.

(b) Ash generated by a solid waste management facility
from the burning of solid waste shall be disposed of in a properly designed
solid waste disposal area that complies with standards developed by the
Department for the disposal of the ash. The Department shall work with solid waste
management facilities that burn solid waste to identify and develop methods for
recycling and reusing incinerator ash or treated ash.

(c) Recovered material is not subject to regulation as
solid waste under this Article. In order for a material that would otherwise
be regulated as solid waste to qualify as a recovered material, the Department
may require any person who owns or has control over the material to demonstrate
that the material meets the requirements of this subsection. In order to
protect public health and the environment, the Commission may adopt rules to
implement this subsection. In order to qualify as a recovered material:

(1) A majority of the recovered material at a facility
shall be sold, used, or reused within one year;

(2) The recovered material or the products or by-products
of operations that process recovered material shall not be discharged,
deposited, injected, dumped, spilled, leaked, or placed into or upon any land
or water so that the products or by-products or any constituent thereof may
enter other lands or be emitted into the air or discharged into any waters
including groundwaters, or otherwise enter the environment or pose a threat to
public health and safety; and

(a) In addition to other powers and duties set forth
in this Part, the Department shall:

(1) Develop a comprehensive solid waste management plan
consistent with this Part. The plan shall be developed in consultation with
units of local government and shall be updated at least every three years. In
developing the State solid waste management plan, the Department shall hold
public hearings around the State and shall give notice of these public hearings
to all units of local government and regional planning agencies.

(3) Encourage coordinated local activity for solid
waste management within a common geographical area.

(4) Provide planning, technical, and financial
assistance to units of local government and State agencies for reduction,
recycling, reuse, and processing of solid waste and for safe and
environmentally sound solid waste management and disposal.

(5) Cooperate with appropriate federal agencies, local
governments, and private organizations in carrying out the provisions of this
Part.

(6) Promote and assist the development of solid waste
reduction, recycling, and resource recovery programs that preserve and enhance
the quality of the air, water, and other natural resources of the State.

(7) Maintain a directory of recycling and resource
recovery systems in the State and provide assistance with matching recovered
materials with markets.

(8) Manage a program of grants for programs for
recycling and special waste management, and for programs that provide for the
safe and proper management of solid waste.

(9) Provide for the education of the general public and
the training of solid waste management professionals to reduce the production
of solid waste, to ensure proper processing and disposal of solid waste, and to
encourage recycling and solid waste reduction.

(10) Develop descriptive literature to inform units of
local government of their solid waste management responsibilities and
opportunities.

(12) Provide and maintain recycling bins for the
collection and recycling of newspaper, aluminum cans, glass containers, and
recyclable plastic beverage containers at the North Carolina Zoological Park.

(13) Identify, based on reports required under G.S. 130A-309.14
and any other relevant information, those materials in the municipal solid
waste stream that are marketable in the State or any portion thereof and that
should be recovered from the waste stream prior to treatment or disposal.

(14) Identify and analyze, with assistance from the
Department of Commerce pursuant to G.S. 130A-309.14, components of the State's
recycling industry and present and potential markets for recyclable materials
in this State, other states, and foreign countries.

(b) Repealed by Session Laws 2007-550, s. 6(b),
effective August 1, 2007, and applicable to any application for a permit for a
solid waste management facility that is pending on that date.

(c) The Department shall report to the Environmental
Review Commission on or before 15 January of each year on the status of solid
waste management efforts in the State. The report shall include:

(1) A comprehensive analysis, to be updated in each
report, of solid waste generation and disposal in the State projected for the
20-year period beginning on 1 July 1991.

(2) The total amounts of solid waste recycled and
disposed of and the methods of solid waste recycling and disposal used during
the calendar year prior to the year in which the report is published.

(3) An evaluation of the development and implementation
of local solid waste management programs and county and municipal recycling
programs.

(4) An evaluation of the success of each county or
group of counties in meeting the municipal solid waste reduction goal
established in G.S. 130A-309.04.

(5) Recommendations concerning existing and potential
programs for solid waste reduction and recycling that would be appropriate for
units of local government and State agencies to implement to meet the
requirements of this Part.

(6) An evaluation of the recycling industry, the
markets for recycled materials, the recycling of polystyrene, and the success
of State, local, and private industry efforts to enhance the markets for these
materials.

(7) Recommendations to the Governor and the
Environmental Review Commission to improve the management and recycling of
solid waste in the State, including any proposed legislation to implement the
recommendations.

(8) A description of the condition of the Solid Waste
Management Trust Fund and the use of all funds allocated from the Solid Waste
Management Trust Fund, as required by G.S. 130A-309.12(c).

(9) A description of the review and revision of bid
procedures and the purchase and use of reusable, refillable, repairable, more
durable, and less toxic supplies and products by both the Department of
Administration and the Department of Transportation, as required by G.S. 130A-309.14(a1)(3).

(10) A description of the implementation of the North
Carolina Scrap Tire Disposal Act that includes the amount of revenue used for
grants and to clean up nuisance tire collection under the provisions of G.S
130A-309.64.

(11) A description of the management of white goods in
the State, as required by G.S. 130A-309.85.

(12) A summary of the report by the Department of
Transportation on the amounts and types of recycled materials that were
specified or used in contracts that were entered into by the Department of
Transportation during the previous fiscal year, as required by G.S. 136-28.8(g).

(14) (Expiring October 1, 2023) A description of the
activities related to the management of abandoned manufactured homes in the
State in accordance with G.S. 130A-117, the beginning and ending balances in
the Solid Waste Management Trust Fund for the reporting period and the amount
of funds used, itemized by county, for grants made under Part 2F of Article 9
of Chapter 130A of the General Statutes.

(1) Procedures to encourage cooperative efforts in
solid waste management by counties and municipalities and groups of counties
and municipalities where appropriate, including the establishment of joint
agencies pursuant to G.S. 160A-462.

(3) Planning guidance and technical assistance to
counties and municipalities to aid in meeting the municipal solid waste
reduction goals established in G.S. 130A-309.04.

(4) Planning guidance and technical assistance to
counties and municipalities to assist the development and implementation of
solid waste reduction programs.

(5) Technical assistance to counties and municipalities
in determining the full cost for solid waste management as required in G.S.
130A-309.08.

(6) Planning guidance and technical assistance to
counties and municipalities to assist the development and implementation of
programs for alternative disposal, processing, or recycling of the solid wastes
prohibited from disposal in landfills pursuant to G.S. 130A-309.10 and for
special wastes.

(7) A public education program, to be developed in cooperation
with the Department of Public Instruction, units of local government, other
State agencies, and business and industry organizations, to inform the public
of the need for and the benefits of recycling solid waste and reducing the
amounts of solid and hazardous waste generated and disposed of in the State.
The public education program shall be implemented through public workshops and
through the use of brochures, reports, public service announcements, and other
materials.

(8) Provisions to encourage partnerships between the
public and private sectors that strengthen the supply of, and demand for,
recyclable materials and that foster opportunities for economic development
from the recovery and reuse of materials. (1989, c.
784, s. 2; 1991, c. 621, s. 5; 1995 (Reg. Sess., 1996), c. 594, s. 11.)

(a) Each county and each municipality shall annually
determine the full cost for solid waste management within the service area of
the county or municipality for the preceding year. The Commission shall
establish by rule the method for units of local government to use in
calculating full cost.

(b) Each municipality shall establish a system to
inform, no less than once a year, residential and nonresidential users of solid
waste management services within the municipality's service area of the user's
share, on an average or individual basis, of the full cost for solid waste
management as determined pursuant to subsection (a) of this section. Counties
shall provide the information required of municipalities only to residential
and nonresidential users of solid waste management services within the county's
service area that are not served by a municipality. Municipalities shall
include costs charged to them or to persons contracting with them for disposal
of solid waste in the full cost information provided to residential and
nonresidential users of solid waste management services. Counties and
municipalities are encouraged to operate their solid waste management systems
through use of an enterprise fund.

(c) For purposes of this section, "service
area" means the area in which the county or municipality provides,
directly or by contract, solid waste management services. The provisions of
this section shall not be construed to require a person operating under a
franchise contract or other agreement to collect or dispose of solid waste
within the service area of a county or municipality to make the calculations or
to establish a system to provide the information required under this section,
unless such person agrees to do so as part of such franchise contract or other
agreement.

(d) A county may charge fees for the collection,
processing, or disposal of solid waste as provided in Article 15 of Chapter
153A of the General Statutes. A city may charge fees for the collection,
processing, or disposal of solid waste as provided in Article 16 of Chapter
160A of the General Statutes.

(a) The governing board of each unit of local
government shall assess local solid waste collection services and disposal
capacity and shall determine the adequacy of collection services and disposal
capacity to meet local needs and to protect human health and the environment.
Each unit of local government shall implement programs and take other actions
that it determines are necessary to address deficiencies in service or capacity
required to meet local needs and to protect human health and the environment. A
unit of local government may adopt ordinances governing the disposal, in
facilities that it operates, of solid waste generated outside of the area
designated to be served by the facility. Such ordinances shall not be construed
to apply to privately operated disposal facilities located within the
boundaries of the unit of local government.

(b) Units of local government shall make a good-faith
effort to achieve the State's forty percent (40%) municipal solid waste
reduction goal and to comply with the State's comprehensive solid waste
management plan.

(d) In order to assess the progress in meeting the goal
set out in G.S. 130A-309.04, each unit of local government shall report to the
Department on the solid waste management programs and waste reduction
activities within the unit of local government by 1 September of each year. At
a minimum, the report shall include:

(1) A description of public education programs on
recycling.

(2) The amount of solid waste received at municipal
solid waste management facilities, by type of solid waste.

(3) The amount and type of materials from the solid
waste stream that were recycled.

(4) The percentage of the population participating in
various types of recycling activities instituted.

(7) A statement of the costs of solid waste management
programs implemented by the unit of local government and the methods of
financing those costs.

(8) Information regarding permanent recycling programs
for discarded computer equipment and televisions for which funds are received
pursuant to G.S. 130A-309.137, and information on operative interlocal
agreements executed in conjunction with funds received, if any.

(9) A description of the disaster debris management
program.

(10) A description of scrap tire disposal procedures.

(11) A description of white goods management procedures.

(12) Information regarding the prevention of illegal
disposal and management of litter.

(f) Each operator of a municipal solid waste
management facility shall weigh all solid waste when it is received.

(g) A unit of local government that is a collector of
municipal solid waste shall not knowingly collect for disposal, and the owner
or operator of a municipal solid waste management facility that is owned or
operated by a unit of local government shall not knowingly dispose of, any type
or form of municipal solid waste that is generated within the boundaries of a
unit of local government that by ordinance:

(1) Prohibits generators or collectors of municipal
solid waste from disposing of that type or form of municipal solid waste.

(2) Requires generators or collectors of municipal
solid waste to recycle that type or form of municipal solid waste.

(a) Each unit of local government shall establish and
maintain a solid waste reduction program. The following requirements shall
apply:

(1) Demolition debris consisting of used asphalt or
used asphalt mixed with dirt, sand, gravel, rock, concrete, or similar
nonhazardous material may be used as fill and need not be disposed of in a
permitted landfill or solid waste disposal facility, provided that demolition
debris may not be placed in the waters of the State or at or below the seasonal
high water table.

(2) Repealed by Session Laws 1991, c. 621, s. 8.

(3) Units of local government are encouraged to
separate marketable plastics, glass, metal, and all grades of paper for
recycling prior to final disposal and are further encouraged to recycle yard
trash and other organic solid waste into compost available for agricultural and
other acceptable uses.

(b) To the maximum extent practicable, units of local
government should participate in the preparation and implementation of joint
waste reduction and solid waste management programs, whether through joint
agencies established pursuant to G.S. 153A-421, G.S. 160A-462, or any other
means provided by law. Nothing in a county's solid waste management or waste reduction
program shall affect the authority of a municipality to franchise or otherwise
provide for the collection of solid waste generated within the boundaries of
the municipality.

(f) A county or counties and its or their
municipalities may jointly determine, through a joint agency established
pursuant to G.S. 153A-421 or G.S. 160A-462, which local governmental agency
shall administer a solid waste management or waste reduction program.

§ 130A-309.09C. Additional powers of local governments;
construction of this Part; effect of noncompliance.

(a) To effect the purposes of this Part, counties and
municipalities are authorized, in addition to other powers granted pursuant to
this Part:

(1) To contract with persons to provide resource
recovery services or operate resource recovery facilities on behalf of the
county or municipality.

(2) To indemnify persons providing resource recovery
services or operating resource recovery facilities for liabilities or claims
arising out of the provision or operation of such services or facilities that
are not the result of the sole negligence of the persons providing the services
or operating the facilities.

(3) To contract with persons to provide solid waste
disposal services or operate solid waste disposal facilities on behalf of the
county or municipality.

(b) A county or municipality may enter into a written
agreement with other persons, including persons transporting solid waste, to
undertake to fulfill some or all of the county's or municipality's
responsibilities under this Part.

(c) Nothing in this Part shall be construed to prevent
the governing board of any county or municipality from providing by ordinance
or regulation for solid waste management standards which are stricter or more
extensive than those imposed by the State solid waste management program and
rules and orders issued to implement the State program.

(d) Nothing in this Part or in any rule adopted by any
agency shall be construed to require any county or municipality to participate
in any regional solid waste management until the governing board of the county
or municipality has determined that participation in such a program is
economically feasible for that county or municipality. Nothing in this Part or
in any special or local act or in any rule adopted by any agency shall be
construed to limit the authority of a municipality to regulate the disposal of
solid waste located within its boundaries or generated within its boundaries so
long as a facility for any such disposal has been approved by the Department,
unless the municipality is included within a solid waste management program
created under a joint agency or special or local act. If bonds had been issued
to finance a solid waste management program in reliance on State law granting
to a unit of local government, a region, or a special district the
responsibility for the solid waste management program, nothing herein shall
permit any governmental agency to withdraw from the program if the agency's
participation is necessary for the financial feasibility of the project, so
long as the bonds are outstanding.

(e) Nothing in this Part or in any rule adopted by any
State agency pursuant to this Part shall require any person to subscribe to any
private solid waste collection service.

(f) In the event a region, special district, or other
entity by special act or joint agency, has been established to manage solid
waste, any duty or responsibility or penalty imposed under this Part on a unit
of local government shall apply to such region, special district, or other
entity to the extent of the grant of the duty or responsibility or imposition
of such penalty. To the same extent, such region, special district, or other
entity shall be eligible for grants or other benefits provided pursuant to this
Part.

(g) In addition to any other penalties provided by
law, a unit of local government that does not comply with the requirements of
G.S. 130A-309.09A(b), G.S. 130A-309.09A(d), and G.S. 130A-309.09B(a) shall not
be eligible for grants from the Solid Waste Management Trust Fund or the White
Goods Management Account and shall not receive the proceeds of the scrap tire
disposal tax imposed by Article 5B of Chapter 105 of the General Statutes or
the proceeds of the white goods disposal tax imposed by Article 5C of Chapter
105 of the General Statutes to which the unit of local government would
otherwise be entitled. The Secretary shall notify the Secretary of Revenue to
withhold payment of these funds to any unit of local government that fails to
comply with the requirements of G.S. 130A-309.09A(b), G.S. 130A-309.09A(d), and
G.S. 130A-309.09B(a). Proceeds of the scrap tire disposal tax that are withheld
pursuant to this subsection shall be credited to the General Fund and may be
used as provided in G.S. 130A-309.64. Proceeds of the white goods disposal tax
that are withheld pursuant to this subsection shall be credited to the General
Fund and may be used as provided in G.S. 130A-309.83. (1989,
c. 784, s. 2; 1989 (Reg. Sess., 1990), c. 1009, s. 4; 1991, c. 621, s. 9; 1995
(Reg. Sess., 1996), c. 594, s. 15; 2013-360, ss. 14.16(e), 14.17(d); 2013-409,
s. 3.)

(a) A generator of municipal solid waste shall not
knowingly dispose of, a collector of municipal solid waste shall not knowingly
collect for disposal, and the owner or operator of a privately owned or
operated municipal solid waste management facility shall not knowingly dispose
of, any type or form of municipal solid waste that is generated within the
boundaries of a unit of local government that by ordinance:

(1) Prohibits generators or collectors of municipal
solid waste from disposing of that type or form of municipal solid waste.

(2) Requires generators or collectors of municipal
solid waste to recycle that type or form of municipal solid waste.

(b) On or before 1 August, the owner or operator of a
privately owned solid waste management facility shall report to the Department,
for the previous year beginning 1 July and ending 30 June, the amount by weight
of the solid waste that was received at the facility and disposed of in a
landfill, incinerated, or converted to fuel. To the maximum extent practicable,
the reports shall indicate by weight the county of origin of all solid waste.
The owner or operator shall transmit a copy of the report to the county in
which the facility is located and to each county from which solid waste
originated.

(c) A generator of industrial solid waste that owns
and operates an industrial solid waste facility for the management of
industrial solid waste generated by that generator shall develop a 10-year
waste management plan. The plan shall be updated at least every three years.
In order to assure compliance with this subsection, each generator to which
this subsection applies shall provide the Department with a copy of its current
plan upon request by the Department. Each generator to which this subsection
applies shall file a report on its implementation of the plan required by this
subsection with the Department by 1 August of each year. A generator to which
this subsection applies may provide the Department with a copy of a current
plan prepared pursuant to an ordinance adopted by a unit of local government or
prepared for any other purpose if the plan meets the requirements of this
subsection. The plan shall have the following components:

(1) A waste reduction goal established by the
generator.

(2) Options for the management and reduction of wastes
evaluated by the generator.

(a) No beverage shall be sold or offered for sale
within the State in a beverage container designed and constructed so that the
container is opened by detaching a metal ring or tab.

(b) No person shall distribute, sell, or offer for
sale in this State, any product packaged in a container or packing material
manufactured with fully halogenated chlorofluorocarbons (CFC). Producers of
containers or packing material manufactured with chlorofluorocarbons (CFC) are
urged to introduce alternative packaging materials that are environmentally
compatible.

(c) (1) No plastic
bag shall be provided at any retail outlet to any retail customer to use for
the purpose of carrying items purchased by that customer unless the bag is
composed of material that is recyclable.

(2) It is the goal of the State that at least twenty-five
percent (25%) of the plastic bags provided at retail outlets in the State to
retail customers for carrying items purchased by the customer be recycled.

(d) (1) No person
shall distribute, sell, or offer for sale in this State any polystyrene foam
product that is to be used in conjunction with food for human consumption
unless the product is composed of material that is recyclable.

(2) Repealed by Session Laws 1995, c. 321, s. 1.

(e) No person shall distribute, sell, or offer for
sale in this State any rigid plastic container, including a plastic beverage
container, unless the container has a molded label indicating the plastic resin
used to produce the container. The code shall consist of a number placed within
three triangulated arrows and letters placed below the triangulated arrows. The
three arrows shall form an equilateral triangle with the common point of each
line forming each angle of the triangle at the midpoint of each arrow and
rounded with a short radius. The arrowhead of each arrow shall be at the
midpoint of each side of the triangle with a short gap separating the arrowhead
from the base of the adjacent arrow. The triangle formed by the three arrows
curved at their midpoints shall depict a clockwise path around the code number.
The label shall appear on or near the bottom of the container and be clearly
visible. A container having a capacity of less than eight fluid ounces or more
than five gallons is exempt from the requirements of this subsection. The
numbers and letters shall be as follows:

(1) For polyethylene terephthalate, the letters
"PETE" and the number 1.

(2) For high density polyethylene, the letters
"HDPE" and the number 2.

(3) For vinyl, the letter "V" and the number
3.

(4) For low density polyethylene, the letters
"LDPE" and the number 4.

(5) For polypropylene, the letters "PP" and
the number 5.

(6) For polystyrene, the letters "PS" and the
number 6.

(7) For any other, the letters "OTHER" and
the number 7.

(e1) (See Editor's note for applicability) No
person shall distribute, sell, or offer for sale in this State any rigid
plastic container, including a plastic beverage container labeled
"degradable," "biodegradable," "compostable," or
other words suggesting the container will biodegrade unless (i) the container
complies with the requirements of subsection (e) of this section and (ii) the
container includes a label with the statement "Not Recyclable, Do Not
Recycle" in print of the same color, contrast, font, and size as the
language suggesting the container will biodegrade.

(f) No person shall knowingly dispose of the following
solid wastes in landfills:

(1) Repealed by Session Laws 1991, c. 375, s. 1.

(2) Used oil.

(3) Yard trash, except in landfills approved for the
disposal of yard trash under rules adopted by the Commission. Yard trash that
is source separated from solid waste may be accepted at a solid waste disposal
area where the area provides and maintains separate yard trash composting
facilities.

(4) White goods.

(5) Antifreeze (ethylene glycol).

(6) Aluminum cans.

(7) Whole scrap tires, as provided in G.S. 130A-309.58(b).
The prohibition on disposal of whole scrap tires in landfills applies to all
whole pneumatic rubber coverings, but does not apply to whole solid rubber
coverings.

(8) Lead-acid batteries, as provided in G.S. 130A-309.70.

(9) Repealed by Session Laws 2011-394, s. 4, effective
July 1, 2011.

(10) Motor vehicle oil filters.

(11) Recyclable rigid plastic containers that are
required to be labeled as provided in subsection (e) of this section, that have
a neck smaller than the body of the container, and that accept a screw top,
snap cap, or other closure. The prohibition on disposal of recyclable rigid
plastic containers in landfills does not apply to rigid plastic containers that
are intended for use in the sale or distribution of motor oil or pesticides.

(12) Wooden pallets, except that wooden pallets may be
disposed of in a landfill that is permitted to only accept construction and
demolition debris.

(13) Oyster shells.

(14) Discarded computer equipment, as defined in G.S.
130A-309.131.

(15) Discarded televisions, as defined in G.S. 130A-309.131.

(f1) No person shall knowingly dispose of the following
solid wastes by incineration in an incinerator for which a permit is required
under this Article:

(f2) Subsections (f1) and (f3) of this section shall not
apply to solid waste incinerated in an incinerator solely owned and operated by
the generator of the solid waste. Subsection (f1) of this section shall not
apply to antifreeze (ethylene glycol) that cannot be recycled or reclaimed to
make it usable as antifreeze in a motor vehicle.

(f3) Holders of on-premises malt beverage permits, on-premises
unfortified wine permits, on-premises fortified wine permits, and mixed
beverages permits shall not knowingly dispose of beverage containers that are
required to be recycled under G.S. 18B-1006.1 in landfills or by incineration
in an incinerator for which a permit is required under this Article.

(h) The accidental or occasional disposal of small
amounts of prohibited solid waste by landfill shall not be construed as a
violation of subsection (f) or (f3) of this section.

(i) The accidental or occasional disposal of small
amounts of prohibited solid waste by incineration shall not be construed as a
violation of subsection (f1) or (f3) of this section if the Department has
approved a plan for the incinerator as provided in subsection (j) of this
section or if the incinerator is exempt from subsection (j) of this section.

(j) The Department may issue a permit pursuant to
this Article for an incinerator that is subject to subsection (f1) of this
section only if the applicant for the permit has a plan approved by the
Department pursuant to this subsection. The applicant shall file the plan at
the time of the application for the permit. The Department shall approve a plan
only if it complies with the requirements of this subsection. The plan shall
provide for the implementation of a program to prevent the incineration of the
solid waste listed in subsections (f1) and (f3) of this section. The program
shall include the random visual inspection prior to incineration of at least
ten percent (10%) of the solid waste to be incinerated. The program shall also
provide for the retention of the records of the random visual inspections and
the training of personnel to recognize the solid waste listed in subsections
(f1) and (f3) of this section. If a random visual inspection discovers solid
waste that may not be incinerated pursuant to subsections (f1) and (f3) of this
section, the program shall provide that the operator of the incinerator shall
dispose of the solid waste in accordance with applicable federal and State
laws, regulations, and rules. This subsection does not apply to an incinerator
that disposes only of medical waste.

(k) A county or city may petition the Department for a
waiver from the prohibition on disposal of a material described in subdivisions
(9), (10), (11), (12), and (13) of subsection (f) of this section and
subsection (f3) of this section in a landfill based on a showing that
prohibiting the disposal of the material would constitute an economic hardship.

(l) Oyster shells that are delivered to a landfill
shall be stored at the landfill for at least 90 days or until they are removed
for recycling. If oyster shells that are stored at a landfill are not removed
for recycling within 90 days of delivery to the landfill, then, notwithstanding
subdivision (13) of subsection (f) of this section, the oyster shells may be
disposed of in the landfill.

(a) In order to protect the State's land and water
resources, compost produced, utilized, or disposed of by the composting process
at solid waste management facilities in the State must meet criteria
established by the Department.

(b) The Commission shall adopt rules to establish
standards for the production of compost. Rules shall be adopted not later than
24 months after the initiation of rule making. Such rules shall include:

a. The types of waste composted, including at least
one type containing only yard trash;

b. The maturity of the compost, including at least
three degrees of decomposition for fresh, semi-mature, and mature; and

c. The levels of organic and inorganic constituents in
the compost.

(c) The compost classification scheme shall address:

(1) Methods for measurement of the compost maturity.

(2) Particle sizes.

(3) Moisture content.

(4) Average levels of organic and inorganic
constituents, including heavy metals, for such classes of compost as the
Department establishes, and the analytical methods to determine those levels.

(d) The Commission shall adopt rules to prescribe the
allowable uses and application rates of compost. Rules shall be adopted not
later than 24 months after the initiation of rule making. Such rules shall be
based on the following criteria:

(1) The total quantity of organic and inorganic
constituents, including heavy metals, allowed to be applied through the
addition of compost to the soil per acre per year.

(2) The allowable uses of compost based on maturity and
type of compost.

(e) If compost is produced which does not meet the
criteria prescribed by the Department for agricultural and other use, the
compost must be reprocessed or disposed of in a manner approved by the
Department, unless a different application is specifically permitted by the
Department. (1989, c. 784, s. 2; 1995 (Reg. Sess.,
1996), c. 594, s. 18.)

(a) The Department shall develop an outreach program
to promote waste reduction and recycling. From funds available to the
Department for this program, the Department may engage in any of the following
outreach activities:

(4) Develop secondary materials markets by providing
technical and financial support, including providing technical and financial
support to private recycling businesses, including use of processed scrap tire
materials.

(5) Provide funding for the activities of the Division
of Environmental Assistance and Outreach.

(b) It is the intent of the General Assembly to allow
the Department to satisfy grant obligations that extend beyond the end of the
fiscal year.

(c) The Department shall include in the report
required by G.S. 130A-309.06(c) a description of the outreach program under
this section. This report shall specify the type of outreach activity under
each of subdivisions (1) through (5) under subsection (a) of this section and
the amount of program funds the Department expended for each activity during
the previous year. (2013-360, s. 14.18(c).)

§ 130A-309.14. Duties of State agencies.

(a) Each State agency, including the General Assembly,
the General Court of Justice, and The University of North Carolina shall:

(1) Establish a program in cooperation with the
Department and the Department of Administration for the collection of all recyclable
materials generated in State offices throughout the State. The program shall
provide that recycling containers are readily accessible on each floor where
State employees are located in a building occupied by a State agency. Recycling
containers required pursuant to this subdivision shall be clearly labeled to
identify the types of recyclable materials to be deposited in each container
and, to the extent practicable, recycling containers for glass, plastic, and
aluminum shall be located near trash receptacles. The program shall provide for
the collection of all of the following recyclable materials.

a. Aluminum.

b. Newspaper.

c. Sorted office paper.

d. Recyclable glass.

e. Plastic bottles.

As used in this subdivision, the term
"sorted office paper" means paper used in offices that is of a high
quality for purposes of recycling and includes copier paper, computer paper,
letterhead, ledger, white envelopes, and bond paper.

(2) Provide procedures for collecting and storing
recyclable materials, containers for storing materials, and contractual or
other arrangements with buyers of the recyclable materials.

(3) The Department of Administration and the Department
of Transportation shall each provide by 1 October of each year to the
Department of Environment and Natural Resources a detailed description of the
respective Agency's review and revision of bid procedures and purchase and use
of reusable, refillable, repairable, more durable, and less toxic supplies and
products. The information provided by the Department of Administration and the
Department of Transportation to the Department of Environment and Natural
Resources shall also be included in the report required by G.S. 130A-309.06(c).

(4) Establish and implement, in cooperation with the
Department and the Department of Administration, a solid waste reduction
program for materials used in the course of agency operations. The program
shall be designed and implemented to achieve maximum feasible reduction of
solid waste generated as a result of agency operations.

(5) Prepare any written report in compliance with the
model report under subsection (j) of this section. The State agency shall, in
lieu of distributing the report in mass:

a. Notify persons to whom each agency is required to
report, and any other persons it deems appropriate, that a report has been
published, its subject and title, and the locations, including State libraries,
at which the report is available;

b. Deliver any report to only those State libraries
that each agency determines is likely to receive requests for a particular
report; and

c. Distribute a report to only those who request the
report.

A State library that
has received a report shall distribute a report only upon request. Any State
agency required by law to report to an entity shall be in compliance with that
law by notifying that entity under sub-subdivision a. of this subdivision.

(a1) The Department of Administration shall review and
revise its bid procedures and specifications set forth in Article 3 of Chapter
143 of the General Statutes and the Department of Transportation shall review
and revise its bid procedures and specifications set forth in Article 2 of
Chapter 136 of the General Statutes to encourage the purchase or use of
reusable, refillable, repairable, more durable, and less toxic supplies and
products.

(1) The Department of Administration shall require the
procurement of such supplies and products to the extent that the purchase or
use is practicable and cost-effective. The Department of Administration shall
require the purchase or use of remanufactured toner cartridges for laser
printers to the extent practicable.

(2) The Department of Transportation shall require the
purchase or use of such supplies and products in the construction and
maintenance of highways and bridges to the extent that the purchase or use is
practicable and cost-effective.

(3) The Department of Administration and the Department
of Transportation shall each provide by 1 October of each year to the
Department of Environment and Natural Resources a detailed description of the
respective Agency's review and revision of bid procedures and purchase and use
of reusable, refillable, repairable, more durable, and less toxic supplies and
products. The information provided by the Department of Administration and the
Department of Transportation to the Department of Environment and Natural
Resources shall also be included in the report required by G.S. 130A-309.06(c).

(b) The Department of Commerce shall assist and
encourage the recycling industry in the State. Assistance and encouragement of
the recycling industry shall include:

(1) Assisting the Department in the identification and
analysis, by the Department pursuant to G.S. 130A-309.06, of components of the
State's recycling industry and present and potential markets for recyclable
materials in this State, other states, and foreign countries;

(2) Providing information on the availability and
benefits of using recycled materials to businesses and industries in the State;
and

(3) Distributing any material prepared in implementing
this section to the public, businesses, industries, units of local government,
or other organizations upon request.

(c) Repealed by Session Laws 1993, c. 250, s. 2.

(d) The Department of Commerce shall investigate the
potential markets for composted materials and shall submit its findings to the
Department for the waste registry informational program administered by the
Department in order to stimulate absorption of available composted materials
into such markets.

(e) On or before 1 March 1991, the Department of
Commerce shall report to the General Assembly its findings relative to:

(1) Potential markets for composted materials,
including private and public sector markets;

(2) The types of materials which may legally and
effectively be used in a successful composting operation; and

(3) The manner in which the composted materials should
be marketed for optimum use.

(f) (1) All State
agencies, including the Department of Transportation and the Department of
Administration, and units of local government are required to procure compost
products when they can be substituted for, and cost no more than, regular soil
amendment products, provided the compost products meet all applicable
engineering and environmental quality standards, specifications, and rules.
This product preference shall apply to, but not be limited to, highway
construction and maintenance projects, highway planting and beautification
projects, recultivation and erosion control programs, and other projects.

(2) The Department of Transportation shall, consistent
with economic feasibility and applicable engineering and environmental quality
standards, use scrap tires, demolition debris, and untreated, stabilized, or
encapsulated ash from boilers and incinerators in highway construction and
maintenance projects.

(g) The Department of Public Instruction, with the
assistance of the Department and The University of North Carolina, shall
develop, distribute, and encourage the use of guidelines for the collection of
recyclable materials and for solid waste reduction in the State system of
education. At a minimum, the guidelines shall address solid waste generated in
administrative offices, classrooms, dormitories, and cafeterias. The guidelines
shall be developed by 1 January 1991.

(h) In order to orient students and their families to
the recycling of waste and to encourage the participation of schools,
communities, and families in recycling programs, the school board of each
school district in the State shall make available an awareness program in the
recycling of waste materials. The program shall be provided at both the
elementary and secondary levels of education.

(i) The Department of Public Instruction is directed
to develop, from funds appropriated for environmental education, curriculum
materials and resource guides for a recycling awareness program for instruction
at the elementary, middle, and high school levels.

(j) The Department of Administration shall develop a
model report for reports published by any State agency, the General Assembly,
the General Court of Justice, or The University of North Carolina. This model
report shall satisfy the following:

(1) The paper in the report shall, to the extent
economically practicable, be made from recycled paper and shall be capable of
being recycled.

(2) The other constituent elements of the report shall,
to the extent economically practicable, be made from recycled products and
shall be capable of being recycled or reused.

(3) The report shall be printed on both sides of the
paper if no additional time, staff, equipment, or expense would be required to
fulfill this requirement.

(4) State publications that are of historical and
enduring value and importance to the citizens of North Carolina shall be
printed on alkaline (acid-free) paper according to G.S. 125-11.13.

(k) The Department of Transportation shall provide and
maintain recycling containers at each rest area located in this State on a
highway in the Interstate Highway System or in the State highway system for the
collection of each of the following recyclable materials for which recycling is
feasible:

(1) Aluminum.

(2) Newspaper.

(3) Recyclable glass.

(4) Plastic bottles.

For each rest area that has recycling containers, the Department
of Transportation shall install signs, or modify existing signs, that are
proximately located to the rest area to notify motorists that the rest area has
recycling containers.

(l) Any State agency or agency of a political
subdivision of the State that is using State funds, or any person contracting
with any agency with respect to work performed under contract, shall procure
products of recycled steel if all of the following conditions are satisfied:

(1) The product must be acquired competitively within a
reasonable time frame.

Any community college, as defined in G.S. 115D-2(2), and any
nonprofit corporation that receives State funds are encouraged to prepare any
written reports in compliance with G.S. 130A-309.14(j). (1993, c. 448, s. 3.)

§ 130A-309.15. Prohibited acts regarding used oil.

(a) No person may knowingly:

(1) Collect, transport, store, recycle, use, or dispose
of used oil in any manner which endangers the public health or welfare.

(3) Dispose of used oil in landfills in the State
unless such disposal has been approved by the Department.

(4) Mix used oil with solid waste that is to be
disposed of in landfills.

(5) Mix used oil with hazardous substances that make it
unsuitable for recycling or beneficial use.

(b) A person who violates subsection (a) of this
section shall be guilty of a misdemeanor and upon conviction shall be punished
as provided by G.S. 130A-25(a) and G.S. 14-3.

(c) A person who disposes of used oil in a landfill
where such used oil has been mixed with other solid waste which may be lawfully
disposed of in such landfill, and who is without knowledge that such solid
waste has been mixed with used oil, is not guilty of a violation under this
section.

(d) Used oil shall not be used for road oiling, dust
control, weed abatement, or other similar purposes that have the potential to
release used oil into the environment. (1989, c. 784,
s. 2.)

§ 130A-309.16. Public education program regarding used oil
collection and recycling.

The Department shall conduct a public education program to
inform the public of the needs for and benefits of collecting and recycling
used oil and shall:

(1) Encourage persons who annually sell at retail, in
containers for use off the premises, more than 500 gallons of oil to provide
the purchasers with information on the locations of collection facilities and
information on proper disposal practices.

(2) Establish, maintain, and publicize a used oil
information center that disperses materials or information explaining local,
State, and federal laws and rules governing used oil and informing the public
of places and methods for proper disposal of used oil.

(3) Encourage the voluntary establishment of used oil
collection and recycling programs and provide technical assistance to persons
who organize such programs.

(4) Encourage the procurement of recycled automotive,
industrial, and fuel oils and oils blended with recycled oils for all State and
local government uses. Recycled oils procured under this section shall meet
equipment manufacturer's specifications. (1989, c.
784, s. 2.)

(a) The following persons shall register annually with
the Department pursuant to rules of the Department on forms prescribed by it:

(1) Any person who transports over public highways more
than 500 gallons of used oil per week.

(2) Any person who maintains a collection facility that
receives more than 6,000 gallons of used oil annually. For purposes of
registration, the amount received does not include used oil delivered to
collection centers by individuals that change their own personal motor oil.

(3) Any facility that recycles more than 10,000 gallons
of used oil annually.

(b) An electric utility which generates during its
operation used oil that is then reclaimed, recycled, or rerefined by the
electric utility for use in its operations is not required to register or
report pursuant to this section.

(c) An on-site burner which only burns a specification
used oil generated by the burner is not required to register or report pursuant
to this section, provided that the burning is done in compliance with any air
permits issued by the Department.

(d) The Department may prescribe a fee for the
registration required by this section in an amount which is sufficient to cover
the cost of processing applications but which does not exceed twenty-five
dollars ($25.00).

(e) The Department shall require each registered
person to submit, no later than 1 July of each year, a report which specifies
the type and quantity of used oil transported, collected, and recycled during
the preceding calendar year.

(f) Each registered person who transports or recycles
used oil shall maintain records which identify:

(1) The source of the materials transported or
recycled;

(2) The quantity of materials received;

(3) The date of receipt; and

(4) The destination or end use of the materials.

(g) The Department shall perform technical studies to
sample used oil at facilities of representative used oil transporters and at
representative recycling facilities to determine the incidence of contamination
of used oil with hazardous, toxic, or other harmful substances.

(h) Any person who fails to register with the
Department as required by this section shall be guilty of a misdemeanor and
upon conviction shall be punished as provided by G.S. 130A-25(a) and G.S. 14-3.

(i) The proceeds from the registration fees imposed
by this section shall be deposited into the Solid Waste Management Trust Fund. (1989, c. 784, s. 2.)

§ 130A-309.18. Regulation of used oil as hazardous waste.

Nothing in this Part shall prohibit the Department from
regulating used oil as a hazardous waste in a manner consistent with applicable
federal law and this Article. (1989, c. 784, s. 2.)

§ 130A-309.19. Coordination with other State agencies.

The Department of Transportation shall study the feasibility
of using recycled oil products in road construction activities and shall report
to the President Pro Tempore of the Senate and the Speaker of the House of
Representatives annually, beginning 1 January 1991, on the results of its
study. (1989, c. 784, s. 2.)

§ 130A-309.20. Public used oil collection centers.

(a) The Department shall encourage the voluntary
establishment of public used oil collection centers and recycling programs and
provide technical assistance to persons who organize such programs.

(b) All State agencies and businesses that change
motor oil for the public are encouraged to serve as public used oil collection
centers.

(c) A public used oil collection center must:

(1) Notify the Department annually that it is accepting
used oil from the public; and

(2) Annually report quantities of used oil collected
from the public.

(d) No person may recover from the owner or operator of
a used oil collection center any costs of response actions resulting from a
release of either used oil or a hazardous substance against the owner or
operator of a used oil collection center if such used oil is:

(1) Not mixed with any hazardous substance by the owner
or operator of the used oil collection center;

(2) Not knowingly accepted with any hazardous
substances contained therein;

(3) Transported from the used oil collection center by
a certified transporter pursuant to G.S. 130A-309.23; and

(4) Stored in a used oil collection center that is in
compliance with this section.

(e) Subsection (d) of this section applies only to
that portion of the public used oil collection center used for the collection
of used oil and does not apply if the owner or operator is grossly negligent in
the operation of the public used oil collection center. Nothing in this
section shall affect or modify in any way the obligations or liability of any
person under any other provisions of State or federal law, including common
law, for injury or damage resulting from a release of used oil or hazardous
substances. For purposes of this section, the owner or operator of a used oil
collection center may presume that a quantity of no more than five gallons of
used oil accepted from any member of the public is not mixed with a hazardous
substance, provided that the owner or operator acts in good faith. (1989, c. 784, s. 2)

§ 130A-309.21. Incentives program.

(a) The Department is authorized to establish an
incentives program for individuals who change their own oil to encourage them
to return their used oil to a used oil collection center.

(b) The incentives used by the Department may involve
the use of discount or prize coupons, prize drawings, promotional giveaways, or
other activities the Department determines will promote collection, reuse, or
proper disposal of used oil.

(c) The Department may contract with a promotion
company to administer the incentives program. (1989,
c. 784, s. 2.)

§ 130A-309.22. Grants to local governments.

(a) The Department shall develop a grants program for
units of local government to encourage the collection, reuse, and proper
disposal of used oil. No grant may be made for any project unless the project
is approved by the Department.

(b) The Department shall consider for grant assistance
any unit of local government project that uses one or more of the following
programs or any activity that the Department feels will reduce the improper
disposal and reuse of used oil:

(1) Curbside pickup of used oil containers by a unit of
local government or its designee.

(2) Retrofitting of solid waste equipment to promote
curbside pickup or disposal of used oil at used oil collection centers
designated by the unit of local government.

(3) Establishment of publicly operated used oil
collection centers at landfills or other public places.

(4) Providing containers and other materials and
supplies that the public can utilize in an environmentally sound manner to
store used oil for pickup or return to a used oil collection center.

(5) Providing incentives for the establishment of
privately operated public used oil collection centers.

(c) Eligible projects shall be funded according to
provisions established by the Department; however, no grant may exceed twenty-five
thousand dollars ($25,000).

(d) The Department shall initiate rule making on or
before 1 January 1991, necessary to carry out the purposes of this section. (1989, c. 784, s. 2.)

§ 130A-309.23. Certification of used oil transporters.

(a) Any person who transports over public highways
after 1 January 1992, more than 500 gallons of used oil in any week must be a
certified transporter or must be employed by a person who is a certified
transporter.

(b) The Department of Transportation shall develop a
certification program for transporters of used oil, and shall issue, deny, or
revoke certifications authorizing the holder to transport used oil.
Certification requirements shall help assure that a used oil transporter is
familiar with appropriate rules and used oil management procedures.

(c) The Department of Transportation shall adopt rules
governing certification, which shall include requirements for the following:

(1) Registration and annual reporting pursuant to G.S.
130A-309.17.

(2) Evidence of familiarity with applicable State laws
and rules governing used oil transportation.

(3) Proof of liability insurance or other means of
financial responsibility for any liability which may be incurred in the
transport of used oil.

(4) Marking, by the certified transporter of used oil,
of all vehicles which transport used oil or all containers of used oil when it
is not feasible to mark the vehicle. The mark must clearly identify the
certified used oil transporter and clearly indicate that the vehicle is used to
transport used oil. The marking must be visible to others travelling on the
highway. (1989, c. 784, s. 2; 1991, c. 488.)

§ 130A-309.24. Permits for used oil recycling facilities.

(a) Each person who intends to operate, modify, or
close a used oil recycling facility shall obtain an operation or closure permit
from the Department prior to operating, modifying, or closing the facility.

(b) By 1 January 1992, the Department shall develop a
permitting system for used oil recycling facilities after reviewing and
considering the applicability of the permit system for hazardous waste
treatment, storage, or disposal facilities.

(c) Permits shall not be required under this section
for the burning of used oil as a fuel, provided:

(1) A valid air permit issued by the Department is in
effect for the facility; and

(2) The facility burns used oil in accordance with
applicable United States Environmental Protection Agency regulations, local
government regulations, and the requirements and conditions of its air permit.

(d) No permit is required under this section for the
use of used oil for the beneficiation or flotation of phosphate rock. (1989, c. 784, s. 2.)

(a) The Department shall establish qualifications for,
and encourage the development of training programs for, operators of
incinerators, operators of landfills, coordinators of local recycling programs,
and other solid waste management facilities.

(b) The Department shall work with accredited
community colleges, vocational technical centers, State universities, and
private institutions in developing educational materials, courses of study, and
other such information to be made available for persons seeking to be trained
as operators of solid waste management facilities.

(c) A person may not perform the duties of an operator
of a solid waste management facility after 1 January 1998, unless he has
completed an operator training course approved by the Department. An owner of a
solid waste management facility may not employ any person to perform the duties
of an operator unless the person has completed an approved solid waste
management facility operator training course.

(d) The Commission may adopt rules and minimum
standards to effectuate the provisions of this section and to ensure the safe,
healthy, and lawful operation of solid waste management facilities. The
Commission may establish, by rule, various classifications for operators to
address the need for differing levels of training required to operate various
types of solid waste management facilities due to different operating
requirements at the facilities.

(e) In developing training programs for incinerator
operators under this section, the Department shall establish and consult with
ad hoc advisory groups to help coordinate the requirements under this section
with other training programs for incinerator operators.

(f) This section does not apply to any operator of a
solid waste management facility who has five years continuous experience as an
operator of a solid waste management facility immediately preceding January 1,
1998, provided that the operator attends a course and completes the continuing
education requirements approved by the Department. (1989,
c. 784, s. 2; 1993, c. 29, s. 1; 1995 (Reg. Sess., 1996), c. 594, s. 19; 1997-443,
s. 15.49(a).)

§ 130A-309.26. Regulation of medical waste.

(a) As used in this section:

(1) "Sharps" means needles, syringes, and
scalpel blades.

(2) "Treatment" means any process, including
steam sterilization, chemical treatment, incineration, and other methods
approved by the Commission which changes the character or composition of
medical waste so as to render it noninfectious.

(b) It is the intent of the General Assembly to
protect the public health by establishing standards for the safe packaging,
storage, treatment, and disposal of medical waste. The Commission shall adopt
and the Department shall enforce rules for the packaging, storage, treatment,
and disposal of:

(1) Medical waste at facilities where medical waste is
generated;

(2) Medical waste from the point at which the waste is
transported from the facility where it was generated;

(c) No later than 1 August 1990, the Commission shall
adopt rules necessary to protect the health, safety, and welfare of the public
and to carry out the purpose of this section. Such rules shall address, but
need not be limited to, the packaging of medical waste, including specific
requirements for the safe packaging of sharps and the segregation, storage,
treatment, and disposal of medical wastes at the facilities in which such waste
is generated. (1989, c. 784, s. 2; 1995 (Reg. Sess.,
1996), c. 594, s. 20.)

§ 130A-309.27. Joint and several liability.

(a) As used in this section:

(1) "Owner or operator" means, in addition to
the usual meanings of the term, any owner of record of any interest in land on
which a landfill is or has been sited, any person or business entity that owns
a majority interest in any other business entity which is the owner or operator
of a landfill, and any person designated as a joint permittee pursuant to G.S.
130A-295.2(e).

(2) "Proceeds" means all funds collected and
received by the Department, including interest and penalties on delinquent
fees.

(b) Every owner or operator of a landfill is jointly
and severally liable for the improper operation and closure of the landfill, as
provided by law.

Research, training, and service activities related to solid
and hazardous waste management conducted by The University of North Carolina
shall be coordinated by the Board of Governors of The University of North
Carolina through the Office of the President. Proposals for research contracts
and grants; public service assignments; and responses to requests for
information and technical assistance by the State and units of local
government, business, and industry shall be addressed by a formal process involving
an advisory board of university personnel appointed by the President and
chaired and directed by an individual appointed by the President. The Board of
Governors of The University of North Carolina shall consult with the Department
in developing the research programs and provide the Department with a copy of
the proposed research program for review and comment before the research is
undertaken. Research contracts shall be awarded to independent nonprofit
colleges and universities within the State which are accredited by the Southern
Association of Colleges and Schools on the same basis as those research
contracts awarded to The University of North Carolina. Research activities
shall include the following areas:

(2) Scrap tires are a usable resource that may be
recycled for energy value.

(3) Uncontrolled disposal of scrap tires may create a public
health and safety problem because tire piles act as breeding sites for
mosquitoes and other disease-transmitting vectors, pose substantial fire
hazards, and present a difficult disposal problem for landfills.

(4) A significant number of scrap tires are illegally
dumped in North Carolina.

(5) It is in the State's best interest to encourage
efforts to recycle or recover resources from scrap tires.

(6) It is desirable to allow units of local government
to control tire disposal for themselves and to encourage multicounty, regional
approaches to scrap tire disposal and collection.

(7) It is desirable to encourage reduction in the
volume of scrap tires being disposed of at public sanitary landfills.

(b) The purpose of this Part is to provide statewide
guidelines and structure for the environmentally safe disposal of scrap tires
to be administered through units of local government. (1989,
c. 784, s. 3.)

§ 130A-309.53. Definitions.

Unless a different meaning is required by the context, the
following definitions shall apply throughout this Part:

(1) "Collection site" means a site used for
the storage of scrap tires.

(2) "Disposal fee" is any amount charged by a
tire collector, tire processor, or unit of local government in exchange for
accepting scrap tires.

(3) "In-county scrap tire" means any scrap
tire brought for disposal from inside the county in which the collection or
processing site is located.

(4) "Out-of-county scrap tire" means any
scrap tire brought for disposal from outside the county in which the collection
or processing site is located.

(5) "Processing site" means a site actively
used to produce or manufacture usable materials, including fuel, from scrap
tires. Commercial enterprises processing scrap tires shall not be considered
solid waste management facilities insofar as the provisions of G.S. 130A-294(a)(4)
and G.S. 130A-294(b) are concerned.

(6) "Scrap tire" means a tire that is no
longer suitable for its original, intended purpose because of wear, damage, or
defect.

(7) "Tire" means a continuous solid or
pneumatic rubber covering that encircles the wheel of a vehicle. Bicycle tires
and other tires for vehicles propelled by human power are not subject to the
provisions of this Part.

(8) "Tire collector" means a person who owns
or operates a site used for the storage, collection, or deposit of more than 50
scrap tires.

(9) "Tire hauler" means a person engaged in
the picking up or transporting of scrap tires for the purpose of storage,
processing, or disposal.

(10) "Tire processor" means a person who
engages in the processing of scrap tires or one who owns or operates a tire
processing site.

(11) "Tire retailer" means a person who engages
in the retail sale of a tire in any quantity for any use or purpose by the
purchaser other than for resale. (1989, c. 784, s. 3;
1991, c. 221, s. 2; 1995 (Reg. Sess., 1996), c. 594, s. 21.)

§ 130A-309.54. Use of scrap tire tax proceeds.

Article 5B of Chapter 105 imposes a tax on new tires to
provide funds for the disposal of scrap tires, for the cleanup of inactive
hazardous waste sites under Part 3 of this Article, and for all the purposes
for which the Bernard Allen Memorial Emergency Drinking Water Fund may be used
under G.S. 87-98. A county may use proceeds of the tax distributed to it under
that Article only for the disposal of scrap tires pursuant to the provisions of
this Part or for the abatement of a nuisance pursuant to G.S. 130A-309.60. (1989, c. 784, s. 3; 1991, c. 221, s. 3; 1993, c. 364, s.
1(a); 2009-451, s. 13.3B(b).)

(a) The owner or operator of any scrap tire collection
site shall, within six months after October 1, 1989, provide the Department
with information concerning the site's location, size, and the approximate
number of scrap tires that are accumulated at the site and shall initiate steps
to comply with subsection (b) of this section.

(b) On or after July 1, 1990:

(1) A person may not maintain a scrap tire collection
site or a scrap tire disposal site unless the site is permitted.

(2) It is unlawful for any person to dispose of scrap
tires in the State unless the scrap tires are disposed of at a scrap tire
collection site or at a tire disposal site, or disposed of for processing at a
scrap tire processing facility.

(c) The Commission shall adopt rules to carry out the
provisions of this section. Such rules shall:

(1) Provide for the administration of scrap tire
collector and collection center permits and scrap tire disposal site permits,
which may not exceed two hundred fifty dollars ($250.00) annually.

(1) A tire retreading business where fewer than 1,000
scrap tires are kept on the business premises;

(2) A business that, in the ordinary course of
business, removes tires from motor vehicles if fewer than 1,000 of these tires
are kept on the business premises; or

(3) A retail tire-selling business which is serving as
a scrap tire collection center if fewer than 1,000 scrap tires are kept on the
business premises.

(e) The Department shall encourage the voluntary
establishment of scrap tire collection centers at retail tire-selling
businesses, scrap tire processing facilities, and solid waste disposal
facilities, to be open to the public for the deposit of used and scrap tires.
The Department may establish an incentives program for individuals to encourage
them to return their used or scrap tires to a scrap tire collection center.

(a) Each county is responsible for providing for the
disposal of scrap tires located within its boundaries in accordance with the
provisions of this Part and any rules issued pursuant to this Part. The
following are permissible methods of scrap tire disposal:

(1) Incinerating;

(2) Retreading;

(3) Constructing crash barriers;

(4) Controlling soil erosion when whole tires are not
used;

(5) Chopping or shredding;

(6) Grinding into crumbs for use in road asphalt, tire
derived fuel, and as raw material for other products;

(7) Slicing vertically, resulting in each scrap tire
being divided into at least two pieces;

(8) Sludge composting;

(9) Using for agriculture-related purposes;

(10) Chipping for use as an oyster cultch as approved by
rules adopted by the Marine Fisheries Commission;

(b) The Commission may adopt rules approving other
permissible methods of scrap tire disposal. Landfilling of whole scrap tires is
prohibited. The prohibition against landfilling whole tires applies to all
whole pneumatic rubber coverings, but does not apply to whole solid rubber
coverings.

(c) Units of local government may enter into joint
ventures or other cooperative efforts with other units of local government for
the purpose of disposing of scrap tires. Units of local government may enter
into leases or other contractual arrangements with units of local government or
private entities in order to dispose of scrap tires.

(d) Each county is responsible for developing a
description of scrap tire disposal procedures. These procedures shall be
included in the annual report required under G.S. 130A-309.09A. Further, any
revisions to the initial description of the scrap tire disposal procedures
shall be forwarded to the Department.

(e) A county shall provide, directly or by contract
with another unit of local government or private entity, at least one site for
scrap tire disposal for that county. The unit of local government or
contracting party may not charge a disposal fee for the disposal of scrap tires
except as provided in this subsection. A unit of local government or
contracting party may charge a disposal fee that does not exceed the cost of
disposing of the scrap tires only if:

(1) The scrap tires are new tires that are being
disposed of by their manufacturer because they do not meet the manufacturer's
standards for salable tires; or

(2) The scrap tires are delivered to a local government
scrap tire disposal site without an accompanying certificate required by G.S.
130A-309.58(f) that indicates that the tires originated in a county within
North Carolina.

(f) Every tire retailer or other person disposing of
scrap tires shall complete and sign a certification form prescribed by the
Department and distributed to each county, certifying that the tires were
collected in the normal course of business for disposal, the county in which
the tires were collected, and the number of tires to be disposed of. This form
also shall be completed and signed by the tire hauler, certifying that the load
contains the same tires that were received from the tire retailer or other
person disposing of scrap tires. The tire hauler shall present this
certification form to the tire processor or tire collector at the time of
delivery of the scrap tires for disposal, collection, or processing. Copies of
these certification forms shall be retained for a minimum of three years after
the date of delivery of the scrap tires.

(g) The provisions of subsection (f) of this section
do not apply to tires that are brought for disposal in quantities of five or
less by someone other than a tire collector, tire processor, or tire hauler. (1989, c. 784, s. 3; 1991, c. 221, s. 5; 1993, c. 548, s.
4; 1995 (Reg. Sess., 1996), c. 594, s. 22; 1997-209, s. 1; 2013-409, s. 4.)

§ 130A-309.59. Registration of tire haulers.

(a) Before engaging in the hauling of scrap tires in
this State, any tire hauler must register with the Department whereupon the
Department shall issue to the tire hauler a scrap tire hauling identification
number. A tire retailer licensed under G.S. 105-164.29 and solely engaged in
the hauling of scrap tires received by it in connection with the retail sale of
replacement tires is not required to register under this section.

(b) Each tire hauler shall furnish its hauling
identification number on all certification forms required under G.S. 130A-309.58(f).
Any tire retailer engaged in the hauling of scrap tires and not required by
subsection (a) of this section to be registered shall supply its merchant
identification number on all certification forms required by G.S. 130A-309.58(f).
(1989, c. 784, s. 3.)

§ 130A-309.60. Nuisance tire collection sites.

(a) On or after July 1, 1990, if the Department
determines that a tire collection site is a nuisance, it shall notify the
person responsible for the nuisance and request that the tires be processed or
removed within 90 days. If the person fails to take the requested action
within 90 days, the Department shall order the person to abate the nuisance
within 90 days. If the person responsible for the nuisance is not the owner of
the property on which the tire collection site is located, the Department may order
the property owner to permit abatement of the nuisance. If the person
responsible for the nuisance fails to comply with the order, the Department
shall take any action necessary to abate the nuisance, including entering the
property where the tire collection site is located and confiscating the scrap
tires, or arranging to have the scrap tires processed or removed.

(b) When the Department abates the nuisance pursuant
to subsection (a) of this section, the person responsible for the nuisance
shall be liable for the actual costs incurred by the Department for its
nuisance abatement activities and its administrative and legal expenses related
to the abatement. The Department may ask the Attorney General to initiate a
civil action to recover these costs from the person responsible for the
nuisance. Nonpayment of the actual costs incurred by the Department shall
result in the imposition of a lien on the owner's real property on which the
tire collection site is located.

(c) This section does not apply to any of the
following:

(1) A retail business premises where tires are sold if
no more than 500 scrap tires are kept on the premises at one time;

(2) The premises of a tire retreading business if no
more than 3,000 scrap tires are kept on the premises at one time;

(3) A premises where tires are removed from motor
vehicles in the ordinary course of business if no more than 500 scrap tires are
kept on the premises at one time;

(4) A solid waste disposal facility where no more than
60,000 scrap tires are stored above ground at one time if all tires received
for storage are processed, buried, or removed from the facility within one year
after receipt;

(5) A site where no more than 250 scrap tires are
stored for agricultural uses; and

(6) A construction site where scrap tires are stored
for use or used in road surfacing and construction of embankments.

(d) The descending order of priority for the
Department's abatement activities under subsection (a) of this section is as
follows:

(1) Tire collection sites determined by the Department
to contain more than 1,000,000 tires;

(2) Tire collection sites which constitute a fire
hazard or threat to public health;

(3) Tire collection sites in densely populated areas;
and

(4) Any other tire collection sites that are determined
to be a nuisance.

(e) This section does not change the existing
authority of the Department to enforce any existing laws or of any person to
abate a nuisance.

(f) As used in this section, "nuisance"
means an unreasonable danger to public health, safety, or welfare or to the
environment. (1989, c. 784, s. 3.)

§ 130A-309.61. Effect on local ordinances.

This Part preempts any local ordinance regarding the disposal
of scrap tires to the extent the local ordinance is inconsistent with this Part
or the rules adopted pursuant to this Part. (1989, c.
784, s. 3; 1993, c. 548, s. 5; 1997-209, s. 1.)

§ 130A-309.62. Fines and penalties.

Any person who knowingly hauls or disposes of a tire in
violation of this Part or the rules adopted pursuant to this Part shall be
assessed a civil penalty of fifty dollars ($50.00) per violation. Each tire
hauled or disposed of in violation of this Part or rules adopted pursuant to
this Part constitutes a separate violation.

(a) The Department may make grants to units of local
government to assist them in disposing of scrap tires. To administer the
grants, the Department shall establish procedures for applying for a grant and
the criteria for selecting among grant applicants. The criteria shall include
the financial ability of a unit of local government to provide for scrap tire
disposal, the severity of a unit of local government's scrap tire disposal
problem, the effort made by a unit of local government to ensure that only
tires generated in the normal course of business in this State are provided
free disposal, and the effort made by a unit of local government to provide for
scrap tire disposal within the resources available to it.

(b) A unit of local government is not eligible for a
grant under subsection (a) of this section unless its costs for disposing of
scrap tires for the six-month period preceding the date the unit of local
government files an application for a grant exceeded the amount the unit of
local government received during that period from the proceeds of the scrap
tire tax under G.S. 105-187.19. A grant to a unit of local government for scrap
tire disposal may not exceed the unit of local government's unreimbursed cost
for the six-month period.

(c) The Department may support a position to provide
local governments with assistance in developing and implementing scrap tire
management programs designed to complete the cleanup of nuisance tire
collection sites and prevent scrap tires generated from outside of the State
from being presented for free disposal in the State.

(d) The Department may clean up scrap tire collection
sites that the Department has determined are a nuisance. The Department may use
funds to clean up a nuisance tire collection site only if no other funds are
available for that purpose.

(e) The Department shall include in the report to be
delivered to the Environmental Review Commission on or before January 15 of
each year pursuant to G.S. 130A-309.06(c) a description of the implementation
of the North Carolina Scrap Tire Disposal Act under this Part for the fiscal
year ending the preceding June 30. The description of the implementation of the
North Carolina Scrap Tire Disposal Act shall include a list of the recipients
of grants under subsection (a) of this section and the amount of each grant for
the previous 12-month period. The report also shall include the amount of funds
used to clean up nuisance sites under subsection (d) of this section.

(f) It is the intent of the General Assembly to allow
the Department to satisfy grant obligations that extend beyond the end of the
fiscal year.

(g) The Department may adopt any rules necessary to
implement this section. (2013-360, s. 14.16(c).)

(a) No person shall knowingly place or dispose of a
used lead-acid battery in a landfill, incinerator, or in any waste-to-energy
facility. Any person may deliver a lead-acid battery to a battery retailer or
wholesaler, or to a secondary lead smelter, or to a collection or recycling
facility authorized under this Chapter or by the United States Environmental
Protection Agency.

(b) No battery retailer shall knowingly place or
dispose of a used lead-acid battery in a landfill, incinerator, or waste-to-energy
facility. Any battery retailer may deliver a used lead-acid battery to the
agent of a battery wholesaler or a secondary lead smelter, to a battery manufacturer
for delivery to a secondary lead smelter, or to a collection or recycling
facility authorized under this Chapter or by the United States Environmental
Protection Agency.

(c) Any person who knowingly places or disposes of a
lead-acid battery in violation of this section shall be assessed a civil
penalty of not more than fifty dollars ($50.00) per violation. Each battery
improperly disposed of shall constitute a separate violation.

(a) A person who sells or offers for sale lead-acid
batteries at retail in this State shall accept from customers, at the point of
transfer or sale, used lead-acid batteries of the type and in a quantity at
least equal to the number of new batteries purchased, if offered by customers.

(b) A person who sells or offers for sale lead-acid
batteries at retail in this State shall post written notice which must be at
least 8 1/2 inches by 11 inches in size and must contain the universal
recycling symbol and the following language:

(1) "It is illegal to improperly dispose of a
motor vehicle battery or other lead-acid battery."

(2) "Recycle your used batteries."

(3) "State law requires us to accept used motor
vehicle batteries or other lead-acid batteries for recycling in exchange for
new batteries purchased."

(c) Any person who fails to post the notice required
by subsection (b) of this section after receiving a written warning from the
Department to do so shall be assessed a civil penalty of not more than fifty dollars
($50.00) per day for each day the person fails to post the required notice.

(a) No person selling new lead-acid batteries at
wholesale shall refuse to accept from customers at the point of transfer, used
lead-acid batteries of the type and in a quantity at least equal to the number
of new batteries purchased, if offered by customers. A person accepting
batteries in transfer from a battery retailer shall be allowed a period not to
exceed 90 days to remove batteries from the retail point of collection.

(b) Any person who violates this section shall be
assessed a civil penalty of fifty dollars ($50.00) per violation. Each battery
refused by a wholesaler or not removed from the retail point of collection
within 90 days shall constitute a separate violation.

(a) The Department may inspect any place, building, or
premise subject to the provisions of G.S. 130A-309.71. The Department may
issue warnings to persons who fail to comply with the provisions of this Part.

(b) The provisions of this Part shall not be construed
to prohibit any person who does not sell lead-acid batteries from collecting
and recycling such batteries. (1991, c. 375, s. 2.)

§ 130A-309.74. Reserved for future codification purposes.

§ 130A-309.75. Reserved for future codification purposes.

§ 130A-309.76. Reserved for future codification purposes.

§ 130A-309.77. Reserved for future codification purposes.

§ 130A-309.78. Reserved for future codification purposes.

§ 130A-309.79. Reserved for future codification purposes.

Part 2D. Management of Discarded White Goods.

§ 130A-309.80. Findings and purpose.

The General Assembly finds that white goods are difficult to
dispose of, that white goods that contain chlorofluorocarbon refrigerants pose
a danger to the environment, and that it is in the best interest of the State
to require that chlorofluorocarbon refrigerants be removed from discarded white
goods. This Part therefore provides for the management of discarded white
goods. (1993, c. 471, s. 4.)

(a) Duty. - Each county is responsible for providing
at least one site for the collection of discarded white goods. It must also
provide for the disposal of discarded white goods and for the removal of
chlorofluorocarbon refrigerants from white goods. A county may contract with
another unit of local government or a private entity in accordance with Article
15 of Chapter 153A of the General Statutes to provide for the management of
discarded white goods or for the removal of chlorofluorocarbon refrigerants
from white goods.

(b) Restrictions. - A unit of local government or a
contracting party may not charge a disposal fee for the disposal of white
goods. A white good may not be disposed of in a landfill, an incinerator, or a
waste-to-energy facility.

Article 5C of Chapter 105 of the General Statutes imposes a
tax on new white goods to provide funds for the management of discarded white
goods. A county must use the proceeds of the tax distributed to it under that
Article for the management of discarded white goods. The purposes for which a
county may use the tax proceeds include, but are not limited to, the following:

(3) The cleanup of illegal white goods disposal sites,
the cleanup of illegal disposal sites consisting of more than fifty percent
(50%) discarded white goods, and, as to those illegal disposal sites consisting
of fifty percent (50%) or less discarded white goods, the cleanup of the
discarded white goods portion of the illegal disposal sites.

Except as provided in subdivision (3) of this section, a
county may not use the tax proceeds for a capital improvement or operating
expense that does not directly relate to the management of discarded white
goods. Except as provided in subdivision (3) of this section, if a capital
improvement or operating expense is partially related to the management of
discarded white goods, a county may use the tax proceeds to finance a percentage
of the costs equal to the percentage of the use of the improvement or expense
directly related to the management of discarded white goods. (1993, c. 471, s. 4; 1998-24, ss. 4, 7; 2000-109, s. 9(a);
2001-265, s. 5.)

(a) The White Goods Management Account is established
within the Department.

(b) The Department shall use revenue in the Account to
make grants to units of local government to assist them in managing discarded
white goods. To administer the grants, the Department shall establish
procedures for applying for a grant and the criteria for selecting among grant
applicants. The criteria shall include the financial ability of a unit to
manage white goods, the severity of a unit's white goods management problem,
and the effort made by a unit to manage white goods within the resources
available to it.

(c) A unit of local government is not eligible for a
grant unless its costs of managing white goods for a six-month period preceding
the date the unit files an application for a grant exceeded the amount the unit
received during that period from the proceeds of the white goods disposal tax
under G.S. 105-187.24. The Department shall determine the six-month period to
be used in determining who is eligible for a grant. A grant to a unit may not
exceed the unit's unreimbursed cost for the six-month period.

(d) If a unit of local government anticipates that its
costs of managing white goods during a six-month period will exceed the amount
the unit will receive during that period because the unit will make a capital
expenditure for the management of white goods or because the unit will incur
other costs resulting from improvements to that unit's white goods management
program, the unit may request that the Department make an advance determination
that the costs are eligible to be paid by a grant from the White Goods
Management Account and that there will be sufficient funds available in the
Account to cover those costs. If the Department determines that the costs are
eligible for reimbursement and that funds will be available, the Department
shall reserve funds for that unit of local government in the amount necessary
to reimburse allowable costs. The Department shall notify the unit of its
determination and fund availability within 60 days of the request from the unit
of local government. This subsection applies only to capital expenditures for
the management of white goods and to costs resulting from improvements to a
unit's white goods management program. (1993, c. 471,
s. 4; 1995 (Reg. Sess., 1996), c. 594, s. 24; 1998-24, s. 7; 2000-109, s. 9(a);
2001-265, s. 5; 2013-360, s. 14.17(b), (e).)

§ 130A-309.84. Civil penalties for improper disposal.

The Department may assess a civil penalty of not more than
one hundred dollars ($100.00) against a person who, knowing it is unlawful,
places or otherwise disposes of a discarded white good in a landfill, an
incinerator, or a waste-to-energy facility. The Department may assess this
penalty for the day the unlawful disposal occurs and each following day until
the white good is disposed of properly.

The Department may assess a penalty of up to one hundred
dollars ($100.00) against a person who, knowing it is required, fails to remove
chlorofluorocarbon refrigerants from a discarded white good. The Department may
assess this penalty for the day the failure occurs and each following day until
the chlorofluorocarbon refrigerants are removed.

The Department shall include in the report to be delivered to
the Environmental Review Commission on or before 15 January of each year
pursuant to G.S. 130A-309.06(c) a description of the management of white goods
in the State for the fiscal year ending the preceding 30 June. The description
of the management of white goods shall include the following information:

(1) The amount of taxes collected and distributed under
G.S. 105-187.24 during the period covered by the report.

(2) The cost to each county of managing white goods
during the period covered by the report.

(3) (Repealed effective June 20, 2017) The
beginning and ending balances of the White Goods Management Account for the
period covered by the report and a list of grants made from the Account for the
period.

(4) Any other information the Department considers
helpful in understanding the problem of managing white goods.

This Part preempts any local ordinance regarding the
management of white goods that is inconsistent with this Part or the rules
adopted pursuant to this Part. It does not preempt any local ordinance
regarding the management of white goods that is consistent with this Part or
rules adopted pursuant to this Part. (1993, c. 471, s.
4.)

§ 130A-309.87. Eligibility for disposal tax proceeds.

(a) Receipt of Funds. - A county may not receive a
quarterly distribution of the white goods disposal tax proceeds under G.S. 105-187.24
unless the undesignated balance in the county's white goods account at the end
of its fiscal year is less than the threshold amount. Based upon the
information in a county's Annual Financial Information Report, the Department
must notify the Department of Revenue by March 1 of each year which counties
may not receive a distribution of the white goods disposal tax for the current
calendar year. The Department of Revenue will credit the undistributed tax
proceeds to the General Fund.

If the undesignated balance in a county's white goods account
subsequently falls below the threshold amount, the county may submit a
statement to the Department, certified by the county finance officer, that the
undesignated balance in its white goods account is less than the threshold
amount. Upon receipt of the statement, the Department will notify the
Department of Revenue to distribute to the county its quarterly distribution of
the white goods disposal tax proceeds. The Department must notify the
Department of Revenue of the county's change of status at least 30 days prior
to the next quarterly distribution.

For the purposes of this subsection, the term "threshold
amount" means twenty-five percent (25%) of the amount of white goods
disposal tax proceeds a county received, or would have received if it had been
eligible to receive them under G.S. 130A-309.87, during the preceding fiscal
year.

(b) Annual Financial Information Report. - On or
before November 1 of each year, a county must submit a copy of its Annual
Financial Information Report, prepared in accordance with G.S. 159-33.1, to the
Department. The Secretary of the Local Government Commission must require the
following information in that report:

(1) The tonnage of white goods scrap metal collected.

(2) (Effective until June 30, 2017) The amount
of revenue credited to its white goods account. This revenue should include all
receipts derived from the white goods disposal tax, the sale of white goods
scrap metals and freon, and a grant from the White Goods Management Account.

(2) (Effective June 30, 2017) The amount of
revenue credited to its white goods account. This revenue should include all
receipts derived from the white goods disposal tax, and the sale of white goods
scrap metals and freon.

(3) The expenditures from its white goods account. The
expenditures should include operating expenses and capital improvement costs
associated with its white goods management program.

(4) The designated and undesignated balance of its
white goods account.

(5) A comparison of the undesignated balance of its
white goods account at the end of the fiscal year and the amount of white goods
disposal tax proceeds it received, or would have received if it had been
eligible to receive it under G.S. 130A-309.87, during the fiscal year. (1998-24, s. 6; 2013-360, s. 14.17(c), (g).)

The purpose of this Part is to provide units of local
government with the authority, funding, and guidance needed to provide for the
efficient and proper identification, deconstruction, recycling, and disposal of
abandoned manufactured homes in this State. (2008-136,
s. 1.)

§ 130A-309.112. (Expires October 1, 2023) Definitions.

The following definitions apply to this Part:

(1) "Abandoned manufactured home" means a
manufactured home or mobile classroom that is both:

a. Vacant or in need of extensive repair.

b. An unreasonable danger to public health, safety,
welfare, or the environment.

(2) "Intact" when used in connection with
"abandoned manufactured home" means an abandoned manufactured home
from which the wheels and axles, white goods, and recyclable materials have not
been removed.

(a) Plan. - Each county shall consider whether to
implement a program for the management of abandoned manufactured homes. If at
any time the county decides to implement a program, the county shall develop a
written plan for the management of abandoned manufactured homes. This plan
shall be included in the annual report required under G.S. 130A-309.09A. At a
minimum, the plan shall include:

(1) A method by which the county proposes to identify
abandoned manufactured homes in the county, including, without limitation, a
process by which manufactured home owners or other responsible parties may
request designation of their home as an abandoned manufactured home.

(2) A plan for the deconstruction of these abandoned
manufactured homes.

(3) A plan for the removal of the deconstructed
components, including mercury switches from thermostats, for reuse or
recycling, as appropriate.

(4) A plan for the proper disposal of abandoned manufactured
homes that are not deconstructed under subdivision (2) of this subsection.

(b) Authority to Contract. - A county may contract
with another unit of local government or a private entity in accordance with
Article 15 of Chapter 153A of the General Statutes to provide for the
management of abandoned manufactured homes within the county and the
implementation of its plan under subsection (a) of this section.

(c) Fee Authority. - A unit of local government or a
party that contracted with the county under subsection (b) of this section may
charge a disposal fee for the disposal of any abandoned manufactured home at a
landfill pursuant to this Part.

(d) An intact abandoned manufactured home shall not be
disposed of in a landfill. (2008-136, s. 1; 2013-409,
s. 6.)

(a) If a county adopts and implements a plan for the
management of abandoned manufactured homes pursuant to this Part, the county
shall notify the responsible party and the owner of the property on whose land
the abandoned manufactured home is located for each identified abandoned
manufactured home in the county that the abandoned manufactured home must be
properly disposed of by the responsible party within 90 days. The notice shall
be in writing and shall be served on the person as provided by Rule 4(j) of the
Rules of Civil Procedure, G.S. 1A-1. The notice shall disclose the basis for
the action and advise that a hearing will be held before a designated public
officer at a place within the county in which the manufactured home is located
not less than 10 days nor more than 30 days after the serving of the notice;
that the responsible party shall be given the right to file an answer to the
order and to appear in person, or otherwise, and give testimony at the place
and time fixed in the notice; and that the rules of evidence prevailing in
courts of law or equity shall not be controlling in hearings before the public
officer.

(b) If, after notice and hearing, the public officer
determines that the manufactured home under consideration is abandoned, the
officer shall state in writing the officer's findings of fact in support of
that determination, and the county shall order the responsible party to dispose
of the abandoned manufactured home within 90 days of the expiration of this
period. If the responsible party fails to comply with this order, the county
shall take any action it deems reasonably necessary to dispose of the abandoned
manufactured home, including entering the property where the abandoned
manufactured home is located and arranging to have the abandoned manufactured
home deconstructed and disposed of in a manner consistent with the plan
developed under G.S. 130A-309.113(a). If the responsible party is not the owner
of the property on which the abandoned manufactured home is located, the county
may order the property owner to permit entry onto the owner's property by an
appropriate party to permit the removal and proper disposal of the abandoned
manufactured home.

(c) When a county removes, deconstructs, and disposes
of an abandoned manufactured home pursuant to this section, whether directly or
through a party that contracted with the county, the responsible party shall be
liable for the actual costs incurred by the county, directly or indirectly, for
its abatement activities and its administrative and legal expenses incurred,
less the amount of grants for reimbursement received by the county under G.S.
130A-309.115 for the disposal activities for that manufactured home. The county
may initiate a civil action to recover these unpaid costs from the responsible
party. Nonpayment of any portion of the actual costs incurred by the county
shall result in the imposition of a lien on any real property in the county
owned by the responsible party.

(d) This section does not apply to any of the
following:

(1) A retail business premises where manufactured homes
are sold.

(2) A solid waste disposal facility where no more than
10 manufactured homes are stored at one time if all of the manufactured homes
received for storage are deconstructed or removed from the facility within one
year after receipt.

(e) This section does not change the existing
authority of a county or a municipality to enforce any existing laws or of any
person to abate a nuisance. (2008-136, s. 1.)

§ 130A-309.115. (Expires October 1, 2023) Grants to local
governments.

(a) The Department shall use funds from the Solid
Waste Trust Fund established by G.S. 130A-309.12 to:

(1) Provide grants to counties to reimburse their
expenses for activities under this Part.

(2) Provide technical assistance and support to
counties to achieve the purposes of this Part.

(3) Implement this Part, including costs associated
with staffing, training, submitting reports, and fulfilling program goals.

(b) Each county that requests a reimbursement grant
from the Department shall also submit to the Department a proposed budget
specifying in detail the expenses it expects to incur in a specified time
period in connection with the activities under this Part. The Department shall
review each submitted budget and make modifications, if necessary, in light of
the availability of funds, the county's capacity to effectively and efficiently
manage the abatement of abandoned manufactured homes, and any other factors
that the Department reasonably determines are relevant. When the Department and
a county agree on the amount of the county's budget under this subsection, the
Department and the county shall execute an agreement that reflects this amount
and that specifies the time period covered by the agreement, and the Department
shall reserve funds for the county in the amount necessary to reimburse
allowable costs. The amount of a reimbursement grant shall be calculated in
accordance with subsections (c) and (d) of this section. A county shall not
receive a reimbursement grant unless it has filed all the annual reports it is
required to submit under G.S. 130A-309.117.

(c) Reimbursement grants shall be made in accordance
with the terms of the grant agreement developed pursuant to subsection (b) of
this section, but in any event, all reimbursements shall be calculated on a per-unit
basis and based on the actual cost of such activities, not to exceed one
thousand dollars ($1,000) for each unit. For a county designated as a
development tier one or two area pursuant to G.S. 143B-437.08 where the costs
associated with the disposition of an abandoned manufactured home in a manner
consistent with this Part exceed one thousand dollars ($1,000) per unit, a
county may request a supplemental grant in an amount equal to fifty percent
(50%) of the amount in excess of one thousand dollars ($1,000). The Department
shall consider the efficiency and effectiveness of the county program in making
the supplemental grant, and the county participation must be a cash match.

(d) A county shall use reimbursement grant funds only
for operating expenses that are directly related to the management of abandoned
manufactured homes. If an operating expense is partially related to the
management of abandoned manufactured homes, a county may use the reimbursement
grant funds to finance the percentage of the cost that equals the percentage of
the expense that is directly related to the management of abandoned
manufactured homes. (2008-136, s. 1.)

(a) On or before 1 August of each year, any county
that receives a reimbursement grant under G.S. 130A-309.115 shall submit a
report to the Department that includes all of the following information:

(1) The number of units and approximate tonnage of
abandoned manufactured homes removed, deconstructed, recycled, and disposed of
during the previous fiscal year.

(2) A detailed statement of the county's abandoned
manufactured homes account receipts and disbursements during the previous
fiscal year that sets out the source of all receipts and the purpose of all
disbursements.

(3) The obligated and unobligated balances in the
county's abandoned manufactured homes account at the end of the fiscal year.

(4) An assessment of the county's progress in removing,
deconstructing, recycling, and disposing of abandoned manufactured homes
consistent with this Part.

(b) The Department shall include in its annual report
to the Environmental Review Commission under G.S. 130A-309.06(c) a description
of the management of abandoned manufactured homes in the State for the fiscal
year ending the preceding 30 June. The description of the management of
abandoned manufactured homes shall include all of the following information:

(1) The cost to each county of managing its abandoned
manufactured home program during the reporting period.

(2) The beginning and ending balances of the Solid
Waste Management Trust Fund for the reporting period and a list of grants made
from the Fund for the period, itemized by county.

(3) A summary of the information contained in the
reports submitted by counties pursuant to subsection (a) of this section.

(4) Any other information the Department considers
helpful in understanding the problem of managing abandoned manufactured homes
in the State. (2008-136, s. 1.)

§ 130A-309.118. (Expires October 1, 2023) Effect on local
ordinances.

This Part shall not be construed to limit the authority of
counties under Article 18 of Chapter 153A of the General Statutes or the
authority of cities under Article 19 of Chapter 160A of the General Statutes. (2008-136, s. 1.)

§ 130A-309.119: Reserved for
future codification purposes.

Part 2G. Plastic Bag Management.

§ 130A-309.120. Findings.

The General Assembly makes the following findings:

(1) Distribution of plastic bags by retailers to
consumers for use in carrying, transporting, or storing purchased goods has a
detrimental effect on the environment of the State.

(2) Discarded plastic bags contribute to overburdened
landfills, threaten wildlife and marine life, degrade the beaches and other
natural landscapes of North Carolina's coast, and, in many cases, require
consumption of oil and natural gas during the manufacturing process.

(3) It is in the best interest of the citizens of this
State to gradually reduce the distribution and use of plastic bags.

(4) Environmental degradation is especially burdensome
in counties with barrier islands where soundside and ocean pollution are more
significant, where removing refuse from such isolated places is more difficult
and expensive, where such refuse deters tourism, and where the presence of a
National Wildlife Refuge or National Seashore shows that the federal government
places special value on protecting the natural environment in that vicinity.

(5) The barrier islands are most relevant in that they
are where sea turtles come to nest. North Carolina has some of the most
important sea turtle nesting areas on the East Coast, due to the proximity of
the islands to the Gulf Stream. Plastic bag debris can be harmful to sea
turtles and other land and marine life. The waters adjacent to the barrier
islands, because they serve as habitat for the turtles, are particularly
sensitive to waterborne debris pollution.

(6) Inhabitated barrier islands are visited by a high
volume of tourists and therefore experience a high consumption of bags relative
to their permanent population due to large numbers of purchases from
restaurants, groceries, beach shops, and other retailers by the itinerant
tourist population.

(7) Barrier islands are small and narrow, and therefore
the comparative impact of plastic bags on the barrier islands is high. (2009-163, s. 1.)

§ 130A-309.121. Definitions.

As used in this Part, the following definitions apply:

(1) Plastic bag. - A carryout bag composed primarily of
thermoplastic synthetic polymeric material, which is provided by a store to a
customer at the point of sale and incidental to the purchase of other goods.

(2) Prepared foods retailer. - A retailer primarily
engaged in the business of selling prepared foods, as that term is defined in
G.S. 105-164.3, to consumers.

(2a) Recycled content. - Content that is either
postconsumer, postindustrial, or a mix of postconsumer and postindustrial.

(3) Recycled paper bag. - A paper bag that meets all of
the following requirements:

a. The bag is manufactured from at least forty percent
(40%) recycled content.

b. The bag displays the words "made from recycled
material" and "recyclable."

(5) Retailer. - A person who offers goods for sale in
this State to consumers and who provides a single-use plastic bag to the
consumer to carry or transport the goods for free or for a nominal charge.

(6) Reusable bag. - A bag with handles that is
specifically designed and manufactured for multiple reuse and is made of one of
the following materials:

a. Nonwoven polypropylene or other plastic material
with a minimum weight of 80 grams per square meter.

No retailer shall provide customers with plastic bags unless
the bag is a reusable bag, or the bag is used solely to hold sales to an
individual customer of otherwise unpackaged portions of the following items:

(1) Fresh fish or fresh fish products.

(2) Fresh meat or fresh meat products.

(3) Fresh poultry or fresh poultry products.

(4) Fresh produce. (2009-163,
s. 1.)

§ 130A-309.123. Substitution of paper bags restricted.

(a) A retailer subject to G.S. 130A-309.122 may
substitute paper bags for the plastic bags banned by that section, but only if
all of the following conditions are met:

(1) The paper bag is a recycled paper bag.

(2) The retailer offers a cash refund to any customer
who uses the customer's own reusable bags instead of the bags provided by the
retailer. The amount of the refund shall be equal to the cost to the retailer
of providing a recycled paper bag, multiplied by the number of reusable bags
filled with the goods purchased by the customer. For purposes of this
subdivision, "cash refund" includes a credit against the cost of
goods purchased.

(b) Nothing in this Part shall prevent a retailer from
providing customers with reused packaging materials originally used for goods
received from the retailer's wholesalers or suppliers.

(c) Notwithstanding subsection (a) of this section, a
prepared foods retailer may package prepared foods in a recycled paper bag,
regardless of the availability of a reusable bag, in order to comply with food
sanitation or handling standards or best practices. (2009-163,
s. 1; 2010-31, s. 13.10(b); 2010-123, s. 5.2(a).)

§ 130A-309.124. Required signage.

A retailer subject to G.S. 130A-309.122 other than a prepared
foods retailer shall display a sign in a location viewable by customers
containing the following notice: "[county name] County discourages the use
of single-use plastic and paper bags to protect our environment from excess
litter and greenhouse gases. We would appreciate our customers using reusable
bags, but if you are not able to, a 100% recycled paper bag will be furnished
for your use." The name of the county where the retailer displaying the
sign is located should be substituted for "[county name]" in the
language set forth in this section. (2009-163, s. 1.)

§ 130A-309.125. Applicability.

(a) This Part applies only in a county which includes
a barrier island or barrier peninsula, in which the barrier island or peninsula
meets both of the following conditions:

(1) It has permanent inhabitation of 200 or more
residents and is separated from the North Carolina mainland by a sound.

(2) It contains either a National Wildlife Refuge or a
portion of a National Seashore.

(b) Within any county covered by subsection (a) of
this section, this Part applies only to an island or peninsula that both:

(1) Is bounded on the east by the Atlantic Ocean.

(2) Is bounded on the west by a coastal sound. (2009-163, s. 1.)

Part 2H. Discarded Computer Equipment and Television Management.

§ 130A-309.130. Findings.

The General Assembly makes the following findings:

(1) The computer equipment and television waste stream
is growing rapidly in volume and complexity and can introduce toxic materials
into solid waste landfills.

(2) It is in the best interest of the citizens of this
State to have convenient, simple, and free access to recycling services for
discarded computer equipment and televisions.

(3) Collection programs operated by manufacturers and
local government and nonprofit agencies are an efficient way to divert
discarded computer equipment and televisions from disposal and to provide
recycling services to all citizens of this State.

(4) The development of local and nonprofit collection
programs is hindered by the high costs of recycling and transporting discarded
computer equipment and televisions.

(5) No comprehensive system currently exists, provided
either by electronics manufacturers, retailers, or others, to adequately serve
all citizens of the State and to divert large quantities of discarded computer
equipment and televisions from disposal.

(6) Manufacturer responsibility is an effective way to
ensure that manufacturers of computer equipment and televisions take part in a
solution to the electronic waste problem.

(7) The recycling of certain discarded computer
equipment and televisions recovers valuable materials for reuse and will create
jobs and expand the tax base of the State.

(8) While some computers and computer monitors can be
refurbished and reused and other consumer electronics products contain valuable
materials, some older and bulkier consumer electronic products, including some
televisions, may not contain any valuable products but should nevertheless be
recycled to prevent the release of toxic substances to the environment.

(9) For the products covered by this Part, differences
in product life expectancy, market economics, residual value, and product
portability necessitate different approaches to recycling.

(10) In order to ensure that end-of-life computer
equipment and televisions are responsibly recycled, to promote conservation,
and to protect public health and the environment, a comprehensive and
convenient system for recycling and reuse of certain electronic equipment
should be established on the basis of shared responsibility among
manufacturers, retailers, consumers, and the State. (2010-67,
s. 2(a).)

§ 130A-309.131. Definitions.

As used in this Part, the following definitions apply:

(1) Business entity. - Defined in G.S. 55-1-40(2a).

(2) Computer equipment. - Any desktop computer,
notebook computer, monitor or video display unit for a computer system, and the
keyboard, mice, other peripheral equipment, and a printing device such as a
printer, a scanner, a combination print-scanner-fax machine, or other device
designed to produce hard paper copies from a computer. Computer equipment does
not include an automated typewriter, professional workstation, server, ICI
device, ICI system, mobile telephone, portable handheld calculator, portable
digital assistant (PDA), MP3 player, or other similar device; an automobile; a
television; a household appliance; a large piece of commercial or industrial
equipment, such as commercial medical equipment, that contains a cathode ray
tube, a cathode ray tube device, a flat panel display, or similar video display
device that is contained within, and is not separate from, the larger piece of
equipment, or other medical devices as that term is defined under the federal
Food, Drug, and Cosmetic Act.

(3) Computer equipment manufacturer. - A person that
manufactures or has manufactured computer equipment sold under its own brand or
label; sells or has sold under its own brand or label computer equipment
produced by other suppliers; imports or has imported into the United States
computer equipment that was manufactured outside of the United States; or owns
or has owned a brand that it licenses or has licensed to another person for use
on computer equipment. Computer equipment manufacturer includes a business
entity that acquires another business entity that manufactures or has
manufactured computer equipment. Computer equipment manufacturer does not
include any existing person that does not and has not manufactured computer
equipment of the type that would be used by consumers.

(4) Consumer. - Any of the following:

a. An occupant of a single detached dwelling unit or a
single unit contained within a multiple dwelling unit who used a covered device
primarily for personal or home business use.

b. A nonprofit organization with fewer than 10
employees that used a covered device in its operations.

(5) Covered device. - Computer equipment and
televisions used by consumers primarily for personal or home business use. The
term does not include a device that is any of the following:

a. Part of a motor vehicle or any component of a motor
vehicle assembled by, or for, a vehicle manufacturer or franchised dealer,
including replacement parts for use in a motor vehicle.

b. Physically a part of or integrated within a larger
piece of equipment designed and intended for use in an industrial,
governmental, commercial, research and development, or medical setting.

c. Equipment used for diagnostic, monitoring, or other
medical products as that term is defined under the federal Food, Drug, and
Cosmetic Act.

(8) Discarded computer equipment or television
collector. - A municipal or county government, nonprofit agency, recycler, or
retailer that knowingly accepts for recycling discarded computer equipment or a
television from a consumer.

(9) Discarded television. - A television that is solid
waste generated by a consumer.

(10) Market share. - A television manufacturer's
obligation to recycle discarded televisions. A television manufacturer's market
share is the television manufacturer's prior year's sales of televisions as
calculated by the Department pursuant to G.S. 130A-309.138(4) divided by all
manufacturers' prior year's sales for all televisions as calculated by the
Department pursuant to G.S. 130A-309.138(4). Market share may be expressed as a
percentage, a fraction, or a decimal fraction.

(11) Notebook computer. - An electronic, magnetic,
optical, electrochemical, or other high-speed data processing device that has
all of the following features:

a. Performs logical, arithmetic, or storage functions
for general purpose needs that are met through interaction with a number of
software programs contained in the computer.

b. Is not designed to exclusively perform a specific
type of limited or specialized application.

c. Achieves human interface through a keyboard, video
display greater than four inches in size, and mouse or other pointing device,
all of which are contained within the construction of the unit that comprises
the computer.

d. Is able to be carried as one unit by an individual.

e. Is able to use external power, internal power, or
batteries for a power source.

Notebook computer includes those that
have a supplemental stand-alone interface device attached to the notebook
computer. Notebook computer does not include a portable handheld calculator, a
PDA, or similar specialized device. A notebook computer may also be referred to
as a laptop computer.

(12) Recover. - The process of reusing or recycling
covered devices.

(13) Recycle. - The processing, including disassembling,
dismantling, and shredding, of covered devices or their components to recover a
usable product. Recycle does not include any process that results in the
incineration of a covered device.

(14) Recycler. - A person that recycles covered devices.

(15) Retailer. - A person that sells computer equipment
or televisions in the State to a consumer. Retailer includes a computer
equipment manufacturer or a television manufacturer that sells directly to a
consumer through any means, including transactions conducted through sales
outlets, catalogs, the Internet, or any similar electronic means, but does not
include a person that sells computer equipment or televisions to a distributor
or retailer through a wholesale transaction.

(16) Television. - Any electronic device that contains a
tuner that locks on to a selected carrier frequency and is capable of receiving
and displaying of television or video programming via broadcast, cable, or
satellite, including, without limitation, any direct view or projection
television with a viewable screen of nine inches or larger whose display
technology is based on cathode ray tube (CRT), plasma, liquid crystal display
(LCD), digital light processing (DLP), liquid crystal on silicon (LCOS),
silicon crystal reflective display (SXRD), light emitting diode (LED), or
similar technology marketed and intended for use by a consumer primarily for
personal purposes. The term does not include computer equipment.

(17) Television manufacturer. - A person that: (i) manufactures
for sale in this State a television under a brand that it licenses or owns;
(ii) manufactures for sale in this State a television without affixing a brand;
(iii) resells into this State a television under a brand it owns or licenses
produced by other suppliers, including retail establishments that sell a
television under a brand that the retailer owns or licenses; (iv) imports into
the United States or exports from the United States a television for sale in
this State; (v) sells at retail a television acquired from an importer that is
the manufacturer as described in sub-subdivision (iv) of this subdivision, and
the retailer elects to register in lieu of the importer as the manufacturer of
those products; (vi) manufactures a television for or supplies a television to
any person within a distribution network that includes wholesalers or retailers
in this State and that benefits from the sale in this State of the television
through the distribution network; or (vii) assumes the responsibilities and obligations
of a television manufacturer under this Part. In the event the television
manufacturer is one that manufactures, sells, or resells under a brand it
licenses, the licensor or brand owner of the brand shall not be considered to
be a television manufacturer under (i) or (iii) of this subdivision. (2010-67, s. 2(a); 2010-180, s. 20.)

In addition to the specific requirements of this Part,
discarded computer equipment and television collectors and computer equipment
manufacturers and television manufacturers share responsibility for the
recycling of discarded computer equipment and televisions and the education of
citizens of the State as to recycling opportunities for discarded computer
equipment and televisions. (2010-67, s. 2(a).)

§ 130A-309.133. Data security.

Computer equipment manufacturers, television manufacturers,
discarded computer equipment and television collectors, recyclers, and
retailers shall not be liable in any way for data or other information left on
a covered device that is collected or recovered pursuant to the provisions of
this Part. (2010-67, s. 2(a).)

(a) Registration Required. - Each computer equipment
manufacturer, before selling or offering for sale computer equipment in North
Carolina, shall register with the Department.

(b) Manufacturer Label Required. - A computer
equipment manufacturer shall not sell or offer to sell computer equipment in
this State unless a visible, permanent label clearly identifying the
manufacturer of that equipment is affixed to the equipment.

(c) Computer Equipment Recycling Plan Required. - Each
computer equipment manufacturer shall develop, submit to the Department, and
implement one of the following plans to provide a free and reasonably
convenient recycling program to take responsibility for computer equipment
discarded by consumers:

(1) Level I recycling plan. - A computer equipment
manufacturer shall submit a recycling plan for reuse or recycling of computer
equipment discarded by consumers in the State produced by the manufacturer. The
manufacturer shall submit a proposed plan to the Department within 90 days of
registration as required by subsection (a) of this section. The plan shall:

a. Provide that the manufacturer will take
responsibility for computer equipment discarded by consumers that it
manufactured.

b. Describe any direct take-back program to be
implemented by the manufacturer. Collection methods that are deemed to meet the
requirements of this subdivision include one or more of the following:

1. A process offered by the computer equipment
manufacturer or the manufacturer's designee for consumers to return discarded
computer equipment by mail.

2. A physical collection site operated and maintained
by the computer equipment manufacturer or the manufacturer's designee to
receive discarded computer equipment from consumers, which is available to
consumers during normal business hours.

3. A collection event hosted by the computer equipment
manufacturer or the manufacturer's designee at which a consumer may return
computer equipment.

c. Include a detailed description as to how the
manufacturer will implement the plan.

e. Include a consumer recycling education program on
the laws governing the recycling and reuse of discarded computer equipment
under this Part and on the methods available to consumers to comply with those
requirements. The manufacturer shall operate a toll-free telephone number to
answer questions from consumers about computer recycling options.

(2) Level II recycling plan. - A computer equipment
manufacturer shall submit a recycling plan for reuse or recycling of computer
equipment discarded by consumers in the State produced by the manufacturer and
by other manufacturers. The manufacturer shall submit a proposed plan to the
Department within 90 days of registration as required by subsection (a) of this
section. The plan may offer additional options to collect other types of
electronic equipment that do not constitute discarded computer equipment, as
that term is defined under G.S. 130A-309.131, and may allow for assessment of a
nominal fee for collection of these other types of electronic equipment that
are not discarded computer equipment. The plan shall include all of the
elements set forth in subdivision (1) of subsection (c) of this section. In
addition the plan shall:

a. Provide that the manufacturer will take
responsibility for computer equipment discarded by consumers that was
manufactured by other manufacturers, as well as computer equipment that it
manufactured.

b. Provide that the manufacturer shall: (i) maintain
physical collection sites to receive discarded computer equipment from
consumers in the 10 most populated municipalities in the State. The physical
collection sites shall be available to consumers during normal business hours, at
a minimum; and (ii) host at least two collection events annually within the
State.

(3) Level III recycling plan. - A computer equipment
manufacturer shall submit a recycling plan for reuse or recycling of computer
equipment discarded by consumers in the State produced by the manufacturer and
by other manufacturers. The manufacturer shall submit a proposed plan to the
Department within 90 days of registration as required by subsection (a) of this
section. The plan may offer additional options to collect other types of
electronic equipment that do not constitute discarded computer equipment, as
that term is defined under G.S. 130A-309.131, and may allow for assessment of a
nominal fee for collection of these other types of electronic equipment that
are not discarded computer equipment. The plan shall include all of the
elements set forth in subdivision (1) of subsection (c) of this section. In
addition the plan shall:

a. Provide that the manufacturer will take
responsibility for computer equipment discarded by consumers that was
manufactured by other manufacturers, as well as computer equipment that it
manufactured.

b. Provide that the manufacturer shall: (i) maintain
physical collection sites to receive discarded computer equipment from
consumers in 50 of the State's counties, of which 10 of those counties shall be
the most populated counties in the State. The physical collection sites shall
be available to consumers during normal business hours, at a minimum; and (ii)
host at least two collection events annually within the State.

(d) Fee Required. - Within 90 days of registration as
required in subsection (a) of this section, a computer equipment manufacturer
shall pay an initial registration fee to the Department. A computer equipment
manufacturer that has registered shall pay an annual renewal registration fee
to the Department, which shall be paid each year no later than July 1. The
proceeds of these fees shall be credited to the Electronics Management Fund
established pursuant to G.S. 130A-309.137. A computer equipment manufacturer
that sells 1,000 items of computer equipment or fewer per year is exempt from
the requirement to pay the registration fee and the annual renewal fee imposed
by this subsection. The amount of the fee a computer equipment manufacturer
shall pay shall be determined on the basis of the plan the manufacturer
develops, submits, and implements pursuant to subsection (c) of this section,
as follows:

(1) A computer equipment manufacturer who develops,
submits, and implements a Level I recycling plan pursuant to subdivision (1) of
subsection (c) of this section shall pay an initial registration fee of fifteen
thousand dollars ($15,000) and an annual renewal fee of fifteen thousand
dollars ($15,000) to the Department.

(2) A computer equipment manufacturer who develops,
submits, and implements a Level II recycling plan pursuant to subdivision (2)
of subsection (c) of this section shall pay an initial registration fee of ten
thousand dollars ($10,000) and an annual renewal fee of seven thousand five
hundred dollars ($7,500) to the Department.

(3) A computer equipment manufacturer who develops,
submits, and implements a Level III recycling plan pursuant to subdivision (3)
of subsection (c) of this section shall pay an initial registration fee of ten
thousand dollars ($10,000) and an annual renewal fee of two thousand five
hundred dollars ($2,500) to the Department.

(e) Computer Equipment Recycling Plan Revision. - A
computer equipment manufacturer may prepare a revised plan and submit it to the
Department at any time as the manufacturer considers appropriate in response to
changed circumstances or needs. The Department may require a manufacturer to
revise or update a plan if the Department finds that the plan is inadequate or
out of date.

(f) Payment of Costs for Plan Implementation. - Each
computer equipment manufacturer is responsible for all costs associated with
the development and implementation of its plan. A computer equipment
manufacturer shall not collect a fee from a consumer or a local government for
the management of discarded computer equipment at the time the equipment is
delivered for recycling.

(g) Joint Computer Equipment Recycling Plans. - A
computer equipment manufacturer may fulfill the requirements of subsection (c)
of this section by participation in a joint recycling plan with other
manufacturers. A joint plan shall meet the requirements of subsection (c) of
this section.

(h) Annual Report. - Each computer equipment
manufacturer shall submit a report to the Department by October 1 of each year
stating the total weight of all computer equipment collected for recycling or
reuse in the previous fiscal year. The report shall also include a summary of
actions taken to comply with the requirements of subsection (c) of this
section. (2010-67, s. 2(a).)

§ 130A-309.135. Requirements for television manufacturers.

(a) Registration and Fee Required. - Each television
manufacturer, before selling or offering for sale televisions in the State,
shall register with the Department and, at the time of registration, shall pay
an initial registration fee of two thousand five hundred dollars ($2,500) to
the Department. An initial registration shall be valid from the day of
registration through the last day of the fiscal year in which the registration
fee was paid. A television manufacturer that has registered shall pay an annual
renewal registration fee of two thousand five hundred dollars ($2,500) to the
Department. The annual renewal registration fee shall be paid to the Department
each fiscal year no later than June 30 of the previous fiscal year. The
proceeds of these fees shall be credited to the Electronics Management Fund. A
television manufacturer that sells 1,000 televisions or fewer per year is
exempt from the requirement to pay the registration fee and the annual renewal
fee imposed by this subsection.

(b) Manufacturer Label Required. - A television
manufacturer shall not sell or offer to sell any television in this State
unless a visible, permanent label clearly identifying the manufacturer of that
device is affixed to the equipment.

(c) Recycling of Market Share Required. - The
obligation to recycle televisions shall be allocated to each television
manufacturer based on the television manufacturer's market share. A television
manufacturer must annually recycle or arrange for the recycling of its market
share of televisions pursuant to this section.

(d) Due Diligence and Compliance Assessments. - A
television manufacturer shall conduct and document due diligence assessments of
the recyclers the manufacturer contracts with, including an assessment of
compliance with environmentally sound recovery standards adopted by the
Department.

(e) Contact Information Required. - A television
manufacturer shall provide the Department with contact information for the
manufacturer's designated agent or employee whom the Department may contact for
information related to the manufacturer's compliance with the requirements of
this section.

(f) Joint Television Recycling Plans. - A television
manufacturer may fulfill the requirements of this section either individually
or in participation with other television manufacturers.

(g) Annual Report. - A television manufacturer shall
report to the Department by October 1 of each year the total weight of
televisions the manufacturer collected and recycled in the State during the
previous fiscal year. (2010-67, s. 2(a).)

§ 130A-309.136. Requirements applicable to retailers.

(a) A manufacturer must not sell or offer for sale or
deliver to retailers for subsequent sale new computer equipment or televisions
unless: (i) the covered device is labeled with the manufacturer's brand, which
label is permanently affixed and readily visible; and (ii) the manufacturer has
filed a registration with the Department and is otherwise in compliance with
the requirements of this Part, as indicated on the list developed and
maintained by the Department pursuant to G.S. 130A-309.138(1).

(b) A retailer that sells or offers for sale new
computer equipment or televisions must: (i) determine that all new covered
devices that the retailer is offering for sale are labeled with the
manufacturer's brand, which label is permanently affixed and readily visible;
and (ii) review the Department's Web site to confirm that the manufacturer of a
new covered device is on the list developed and maintained by the Department
pursuant to G.S. 130A-309.138(1).

(c) A retailer is not responsible for an unlawful sale
under this section if the manufacturer's registration expired or was revoked
and the retailer took possession of the covered device prior to the expiration
or revocation of the manufacturer's registration and the unlawful sale occurred
within six months after the expiration or revocation. (2010-67,
s. 2(a).)

§ 130A-309.137. (See editor's note) Electronics Management
Fund.

(a) Creation. - The Electronics Management Fund is
created as a special fund within the Department. The Fund consists of revenue
credited to the Fund from the proceeds of the fee imposed on computer equipment
manufacturers under G.S. 130A-309.134 and television manufacturers under G.S.
130A-309.135.

(b) Use and Distribution. - Moneys in the Fund shall
be used by the Department to implement the provisions of this Part concerning
discarded computer equipment and televisions. The Department may use all of the
proceeds of the fee imposed on television manufacturers pursuant to G.S. 130A-309.135
and may use up to ten percent (10%) of the proceeds of the fee imposed on
computer equipment manufacturers under G.S. 130A-309.134 for administration of
the requirements of this Part. Funds remaining shall be distributed annually by
the Department to eligible local governments pursuant to this section. The
Department shall distribute such funds on or before February 15 of each year.
Funds shall be distributed on a pro rata basis.

(c) Eligibility. - Except as provided in subsection
(d) of this section, no more than one unit of local government per county,
including the county itself, may receive funding pursuant to this section for a
program to manage discarded computer equipment, televisions, and other
electronic devices. A unit of local government shall submit a plan to include:

(1) Information on existing programs within the
jurisdiction to recycle or reuse discarded computer equipment, televisions, and
other electronic devices, or information on a plan to begin such a program on a
date certain. This information shall include a description of the implemented
or planned practices for collection of the equipment and a description of the
types of equipment to be collected and how the equipment will be marketed for
recycling.

(2) Information on a public awareness and education
program concerning the recycling and reuse of discarded computer equipment,
televisions, and other electronic devices.

(3) Information on methods to track and report total
tonnage of computer equipment, televisions, and other electronic devices
collected and recycled in the jurisdiction.

(4) Information on interactions with other units of local
government to provide or receive services concerning disposal of discarded
computer equipment, televisions, and other electronic devices.

(5) Information on how the unit of local government
will account for the expenditure of funds received pursuant to this section.

(6) Proof of contract or agreement with a recycler that
is certified as adhering to Responsible Recycling ("R2") practices or
that is certified as an e-Steward recycler adhering to the e-Stewards Standard
for Responsible Recycling and Reuse of Electronic Equipment/rs to process the
discarded computer equipment, televisions, and other electronic devices that
the unit of local government collects.

(c1) Submittal of Information for Distribution of
Funding. - Documentation meeting the requirements of subdivision (6) of
subsection (c) of this section, and other information required by subsection
(c) of this section, including new plans or revisions to plans as necessary,
must be submitted annually on or before December 31 in order to be eligible for
funding during the next distribution by the Department.

(d) Local Government Designation. - If more than one
unit of local government in a county, including the county itself, requests
funding pursuant to this section, the units of local government in question may
enter into interlocal agreements for provision of services concerning disposal
of discarded computer equipment and televisions, and distribution of funds
received pursuant to this section among the parties to the agreement. If the
units of local government do not enter into an interlocal agreement regarding
funding under this section, the Department shall distribute funds to the
eligible local governments based on the percentage of the county's population
to be served under each eligible local government's program.

(e) Report. - Information regarding permanent
recycling programs for discarded computer equipment and televisions for which
funds are received pursuant to this section, and information on operative
interlocal agreements executed in conjunction with funds received, if any,
shall be included in the annual report required under G.S. 130A-309.09A. (2010-67, s. 2(a); 2013-409, s. 7.)

§ 130A-309.138. Responsibilities of the Department.

In addition to its other responsibilities under this Part,
the Department shall:

(1) Develop and maintain a current list of
manufacturers that are in compliance with the requirements of G.S. 130A-309.134
and G.S. 130A-309.135, post the list to the Department's Web site, and provide
the current list to the Office of Information Technology Services each time
that the list is updated.

(2) Develop and implement a public education program on
the laws governing the recycling and reuse of discarded computer equipment and
televisions under this Part and on the methods available to consumers to comply
with those requirements. The Department shall make this information available
on the Internet and shall provide technical assistance to manufacturers to meet
the requirements of G.S. 130A-309.134(c)(1)e. The Department shall also provide
technical assistance to units of local government on the establishment and
operation of discarded computer equipment and television collection centers and
in the development and implementation of local public education programs.

(3) Maintain the confidentiality of any information
that is required to be submitted by a manufacturer under this Part that is
designated as a trade secret, as defined in G.S. 66-152(3) and that is
designated as confidential or as a trade secret under G.S. 132-1.2.

(4) The Department shall use national televisions sales
data available from commercially available analytical sources to calculate the
generation of discarded televisions and to determine each television
manufacturer's recovery responsibilities for televisions based on the
manufacturer's market share. The Department shall extrapolate data for the
State from national data on the basis of the State's share of the national
population. (2010-67, s. 2(a).)

§ 130A-309.139. Enforcement.

This Part may be enforced as provided by Part 2 of Article 1
of this Chapter. (2010-67, s. 2(a).)

§ 130A-309.140. Annual report by Department of recycling
under this Part; periodic report by Environmental Review Commission of
electronic recycling programs in other states.

(a) No later than January 15 of each year, the
Department shall submit a report on the recycling of discarded computer
equipment and televisions in the State under this Part to the Environmental
Review Commission. The report must include an evaluation of the recycling rates
in the State for discarded computer equipment and televisions, a discussion of
compliance and enforcement related to the requirements of this Part, and any
recommendations for any changes to the system of collection and recycling of discarded
computer equipment, televisions, or other electronic devices.

(b) The Environmental Review Commission, with the
assistance of the Department of Environment and Natural Resources, shall
monitor and review electronic recycling programs in other states on an ongoing
basis and shall report its findings and recommendations to the General Assembly
periodically. (2010-67, ss. 2(a), 7.)

§ 130A-309.141. Local government authority not preempted.

Nothing in this Part shall be construed as limiting the
authority of any local government to manage computer equipment and televisions
that are solid waste. (2010-67, s. 2(a).)

§ 130A-309.142: Reserved for
future codification purposes.

§ 130A-309.143: Reserved for
future codification purposes.

§ 130A-309.144: Reserved for
future codification purposes.

§ 130A-309.145: Reserved for
future codification purposes.

§ 130A-309.146: Reserved for
future codification purposes.

§ 130A-309.147: Reserved for
future codification purposes.

§ 130A-309.148: Reserved for
future codification purposes.

§ 130A-309.149: Reserved for
future codification purposes.

§ 130A-309.150: Reserved for
future codification purposes.

§ 130A-309.151: Reserved for
future codification purposes.

§ 130A-309.152: Reserved for
future codification purposes.

§ 130A-309.153: Reserved for
future codification purposes.

§ 130A-309.154: Reserved for
future codification purposes.

§ 130A-309.155: Reserved for
future codification purposes.

§ 130A-309.156: Reserved for
future codification purposes.

§ 130A-309.157: Reserved for
future codification purposes.

§ 130A-309.158: Reserved for
future codification purposes.

§ 130A-309.159: Reserved for
future codification purposes.

§ 130A-309.160: Reserved for
future codification purposes.

§ 130A-309.161: Reserved for
future codification purposes.

§ 130A-309.162: Reserved for
future codification purposes.

§ 130A-309.163: Reserved for
future codification purposes.

§ 130A-309.164: Reserved for
future codification purposes.

§ 130A-309.165: Reserved for
future codification purposes.

§ 130A-309.166: Reserved for
future codification purposes.

§ 130A-309.167: Reserved for
future codification purposes.

§ 130A-309.168: Reserved for
future codification purposes.

§ 130A-309.169: Reserved for
future codification purposes.

§ 130A-309.170: Reserved for
future codification purposes.

§ 130A-309.171: Reserved for
future codification purposes.

§ 130A-309.172: Reserved for
future codification purposes.

§ 130A-309.173: Reserved for
future codification purposes.

§ 130A-309.174: Reserved for
future codification purposes.

§ 130A-309.175: Reserved for
future codification purposes.

§ 130A-309.176: Reserved for
future codification purposes.

§ 130A-309.177: Reserved for
future codification purposes.

§ 130A-309.178: Reserved for
future codification purposes.

§ 130A-309.179: Reserved for
future codification purposes.

§ 130A-309.180: Reserved for
future codification purposes.

§ 130A-309.181: Reserved for
future codification purposes.

§ 130A-309.182: Reserved for
future codification purposes.

§ 130A-309.183: Reserved for
future codification purposes.

§ 130A-309.184: Reserved for
future codification purposes.

§ 130A-309.185: Reserved for
future codification purposes.

§ 130A-309.186: Reserved for
future codification purposes.

§ 130A-309.187: Reserved for
future codification purposes.

§ 130A-309.188: Reserved for
future codification purposes.

§ 130A-309.189: Reserved for
future codification purposes.

§ 130A-309.190: Reserved for
future codification purposes.

§ 130A-309.191: Reserved for
future codification purposes.

§ 130A-309.192: Reserved for
future codification purposes.

§ 130A-309.193: Reserved for
future codification purposes.

§ 130A-309.194: Reserved for
future codification purposes.

§ 130A-309.195: Reserved for
future codification purposes.

§ 130A-309.196: Reserved for
future codification purposes.

§ 130A-309.197: Reserved for
future codification purposes.

§ 130A-309.198: Reserved for
future codification purposes.

§ 130A-309.199: Reserved for
future codification purposes.

Part 2I. Coal Ash Management.

Subpart 1. Short Title, Definitions, and General Provisions.

§ 130A-309.200. Title.

This Part may be cited as the "Coal Ash Management Act
of 2014." (2014-122, s. 3(a).)

§ 130A-309.201. Definitions.

Unless a different meaning is required by the context, the
definitions of G.S. 130A-290 and the following definitions apply throughout
this Part:

(2) "Boiler slag" means the molten bottom ash
collected at the base of slag tap and cyclone type furnaces that is quenched
with water. It is made up of hard, black, angular particles that have a smooth,
glassy appearance.

(3) "Bottom ash" means the agglomerated,
angular ash particles formed in pulverized coal furnaces that are too large to
be carried in the flue gases and collect on the furnace walls or fall through
open grates to an ash hopper at the bottom of the furnace.

(5) "Coal combustion residuals" has the same
meaning as defined in G.S. 130A-290.

(6) "Coal combustion residuals surface
impoundment" means a topographic depression, excavation, or diked area
that is (i) primarily formed from earthen materials; (ii) without a base liner
approved for use by Article 9 of Chapter 130A of the General Statutes or rules
adopted thereunder for a combustion products landfill or coal combustion
residuals landfill, industrial landfill, or municipal solid waste landfill; and
(iii) designed to hold accumulated coal combustion residuals in the form of
liquid wastes, wastes containing free liquids, or sludges, and that is not
backfilled or otherwise covered during periods of deposition. "Coal
combustion residuals surface impoundment" shall only include impoundments
owned by a public utility, as defined in G.S. 62-3. "Coal combustion
residuals surface impoundment" includes all of the following:

a. An impoundment that is dry due to the deposited
liquid having evaporated, volatilized, or leached.

d. A coal combustion residuals surface impoundment
that has been covered with soil or other material after the final deposition of
coal combustion residuals at the impoundment.

(7) "Commission" means the Environmental
Management Commission.

(8) "Flue gas desulfurization material" means
the material produced through a process used to reduce sulfur dioxide emissions
from the exhaust gas system of a coal-fired boiler. The physical nature of
these materials varies from a wet sludge to a dry powdered material, depending
on the process, and their composition comprises either sulfites, sulfates, or a
mixture thereof.

(9) "Fly ash" means the very fine, powdery
material, composed mostly of silica with nearly all particles spherical in
shape, which is a product of burning finely ground coal in a boiler to produce
electricity and is removed from the plant exhaust gases by air emission control
devices.

(10) "Minerals" means soil, clay, coal,
phosphate, metallic ore, and any other solid material or substance of
commercial value found in natural deposits on or in the earth.

(11) "Open pit mine" means an excavation made
at the surface of the ground for the purpose of extracting minerals, inorganic
and organic, from their natural deposits, which excavation is open to the
surface.

(12) "Owner" or "owner of a coal
combustion residuals surface impoundment" means a public utility, as
defined in G.S. 62-3, that owns a coal combustion residuals surface
impoundment.

(13) "Receptor" means any human, plant, animal,
or structure which is, or has the potential to be, affected by the release or
migration of contaminants. Any well constructed for the purpose of monitoring
groundwater and contaminant concentrations shall not be considered a receptor.

(14) "Structural fill" means an engineered fill
with a projected beneficial end use constructed using coal combustion products
that are properly placed and compacted. For purposes of this Part, the term
includes fill used to reclaim open pit mines and for embankments, greenscapes,
foundations, construction foundations, and for bases or sub-bases under a
structure or a footprint of a paved road, parking lot, sidewalk, walkway, or
similar structure.

(15) "Use or reuse of coal combustion products"
means the procedure whereby coal combustion products are directly used as
either of the following:

a. As an ingredient in an industrial process to make a
product, unless distinct components of the coal combustion products are
recovered as separate end products.

b. In a function or application as an effective
substitute for a commercial product or natural resource. (2014-122, s. 3(a).)

(a) Creation. - In recognition of the complexity and
magnitude of the issues associated with the management of coal combustion
residuals and the proper closure and remediation of coal combustion residuals
surface impoundments, the Coal Ash Management Commission is hereby established.

(b) Membership. - The Commission shall consist of nine
members as follows:

(1) One appointed by the General Assembly upon
recommendation of the President Pro Tempore of the Senate in accordance with
G.S. 120-121 who shall at the time of appointment be a resident of the State.

(2) One appointed by the General Assembly upon
recommendation of the President Pro Tempore of the Senate in accordance with
G.S. 120-121 who shall at the time of appointment have special training or
scientific expertise in waste management, including solid waste disposal,
hauling, or beneficial use.

(3) One appointed by the General Assembly upon
recommendation of the President Pro Tempore of the Senate in accordance with
G.S. 120-121 who shall at the time of appointment be a licensed physician or a
person with experience in public health.

(4) One appointed by the General Assembly upon
recommendation of the Speaker of the House of Representatives in accordance
with G.S. 120-121 who shall at the time of appointment be a member of a
nongovernmental conservation interest.

(5) One appointed by the General Assembly upon
recommendation of the Speaker of the House of Representatives in accordance
with G.S. 120-121 who shall at the time of appointment have special training or
scientific expertise in waste management, including solid waste disposal,
hauling, or beneficial use, or is a representative of or on the faculty of a
State college or university that conducts coal ash research.

(6) One appointed by the General Assembly upon
recommendation of the Speaker of the House of Representatives in accordance
with G.S. 120-121 who shall at the time of appointment be a representative of
an electric membership corporation organized under Article 2 of Chapter 117 of
the General Statutes and have a background in power supply resource planning
and engineering.

(7) One appointed by the Governor who shall at the time
of appointment have experience in economic development.

(8) One appointed by the Governor who shall at the time
of appointment have expertise in determining and evaluating the costs
associated with electricity generation and establishing the rates associated
with electricity consumption.

(9) One appointed by the Governor who shall at the time
of appointment be a person with experience in science or engineering in the
manufacturing sector.

(c) Chair. - The Governor shall appoint the Chair of
the Commission from among the Commission's members, and that person shall serve
at the pleasure of the Governor. The Chair shall serve two-year terms. The
Governor shall make:

(1) The initial appointment of the Chair no later than
October 1, 2014. If the initial appointment is not made by that date, the Chair
shall be elected by a vote of the membership; and

(2) Appointments of a subsequent Chair, including
appointments to fill a vacancy of the Chair created by resignation, dismissal,
death, or disability of the Chair, no later than 30 days after the last day of
the previous Chair's term. If an appointment of a subsequent Chair is not made
by that date, the Chair shall be elected by a vote of the membership.

(d) Vacancies. - Any appointment to fill a vacancy on
the Commission created by the resignation, dismissal, death, or disability of a
member shall be for the balance of the unexpired term. The Governor may
reappoint a gubernatorial appointee of the Commission to an additional term if,
at the time of the reappointment, the member qualifies for membership on the
Commission under subdivisions (7) through (9) of subsection (b) of this
section. Appointments by the General Assembly shall be made in accordance with
G.S. 120-121, and vacancies in those appointments shall be filled in accordance
with G.S. 120-122.

(e) Removal. - The Governor shall have the power to
remove any member of the Commission from office for misfeasance, malfeasance,
or nonfeasance in accordance with the provisions of G.S. 143B-13 of the
Executive Organization Act of 1973.

(f) Powers and Duties. - The Commission shall have all
of the following powers and duties:

(3) To review and make recommendations on the
provisions of this Part and other statutes and rules related to the management
of coal combustion residuals.

(4) To undertake any additional studies as requested by
the General Assembly.

(g) Reimbursement. - The members of the Commission
shall receive per diem and necessary travel and subsistence expenses in
accordance with the provisions of G.S. 138-5.

(h) Quorum. - Five members of the Commission shall
constitute a quorum for the transaction of business.

(i) Staff. - The Commission is authorized and
empowered to employ staff as the Commission may determine to be necessary for
the proper discharge of the Commission's duties and responsibilities. The Chair
of the Commission shall organize and direct the work of the Commission staff.
The salaries and compensation of all such personnel shall be fixed in the
manner provided by law for fixing and regulating salaries and compensation by
other State agencies. The Chair, within allowed budgetary limits and as allowed
by law, shall authorize and approve travel, subsistence, and related expenses
of such personnel incurred while traveling on official business. All State
agencies, including the constituent institutions of The University of North
Carolina, shall provide information and support to the Commission upon request.

(j) Conflicts of Interest; Disclosure. - The Governor
shall require adequate disclosure of potential conflicts of interest by
members. The Governor, by executive order, shall promulgate criteria regarding
conflicts of interest and disclosure thereof for determining the eligibility of
persons under this subsection, giving due regard to the requirements of federal
legislation and, for this purpose, may promulgate rules, regulations, or
guidelines in conformance with those established by any federal agency
interpreting and applying provisions of federal law.

(k) Covered Persons. - All members of the Commission
are covered persons for the purposes of Chapter 138A of the General Statutes,
the State Government Ethics Act. As covered persons, members of the Commission
shall comply with the applicable requirements of the State Government Ethics
Act, including mandatory training, the public disclosure of economic interests,
and ethical standards for covered persons. Members of the Commission shall
comply with the provisions of the State Government Ethics Act to avoid
conflicts of interest.

(l) Meetings. - The Commission shall meet at least
once every two months and may hold special meetings at any time and place
within the State at the call of the Chair or upon the written request of at
least five members.

(m) Reports. - The Commission shall submit quarterly
written reports as to its operation, activities, programs, and progress to the
Environmental Review Commission. The Commission shall supplement the written
reports required by this subsection with additional written and oral reports as
may be requested by the Environmental Review Commission. The Commission shall
submit the written reports required by this subsection whether or not the
General Assembly is in session at the time the report is due.

(n) Administrative Location; Independence. - The
Commission shall be administratively located in the Division of Emergency
Management of the Department of Public Safety. The Commission shall exercise
all of its powers and duties independently and shall not be subject to the
supervision, direction, or control of the Division or Department.

(o) Terms of Members. - Members of the Commission
shall serve terms of six years, beginning effective July 1 of the year of
appointment. (2014-122, s. 3(a).)

§ 130A-309.203. Expedited permit review.

(a) The Department shall act as expeditiously as
practicable, but no later than the deadlines established under subsection (b)
of this section, except in compliance with subsection (c) of this section, to
issue all permits necessary to conduct activities required by this Part.

(b) Notwithstanding G.S. 130A-295.8(e), the Department
shall determine whether an application for any permit necessary to conduct
activities required by this Part is complete within 30 days after the
Department receives the application for the permit. A determination of
completeness means that the application includes all required components but
does not mean that the required components provide all of the information that
is required for the Department to make a decision on the application. If the
Department determines that an application is not complete, the Department shall
notify the applicant of the components needed to complete the application. An
applicant may submit additional information to the Department to cure the
deficiencies in the application. The Department shall make a final
determination as to whether the application is complete within the later of (i)
30 days after the Department receives the application for the permit less the
number of days that the applicant uses to provide the additional information or
(ii) 10 days after the Department receives the additional information from the
applicant. The Department shall issue a draft permit decision on an application
for a permit within 90 days after the Department determines that the
application is complete. The Department shall hold a public hearing and accept
written comment on the draft permit decision for a period of not less than 30
or more than 60 days after the Department issues a draft permit decision. The
Department shall issue a final permit decision on an application for a permit
within 60 days after the comment period on the draft permit decision closes. If
the Department fails to act within any time period set out in this subsection,
the applicant may treat the failure to act as a denial of the permit and may
challenge the denial as provided in Chapter 150B of the General Statutes.

(c) If the Department finds that compliance with the
deadlines established under subsection (b) of this section would result in
insufficient review of a permit application that would pose a risk to public
health, safety, and welfare; the environment; or natural resources, the
applicable deadline shall be waived for the application as necessary to allow
for adequate review. If a deadline is waived pursuant to this subsection, the
Secretary shall issue a written declaration, including findings of fact,
documenting the need for the waiver.

(d) Notwithstanding any other provision of this section
or any other provision of law, the Department shall either issue or deny a
permit required for dewatering of a retired impoundment within 90 days of
receipt of a completed application, in such a form and including such
information as the Department may prescribe, for the dewatering activities. The
Department shall accept written comment on a draft permit decision for a period
of not less than 30 days or more than 60 days prior to issuance or denial of
such a permit. If the Department fails to act within any time period set out in
this subsection, the applicant may treat the failure to act as a denial of the
permit and may challenge the denial as provided in Chapter 150B of the General
Statutes. (2014-122, s. 3(a).)

§ 130A-309.204. Reports.

(a) The Department shall submit quarterly written
reports to the Environmental Review Commission and the Coal Ash Management
Commission on its operations, activities, programs, and progress with respect
to its obligations under this Part concerning all coal combustion residuals
surface impoundments. At a minimum, the report shall include information
concerning the status of assessment, corrective action, prioritization, and
closure for each coal combustion residuals surface impoundment and information
on costs connected therewith. The report shall include an executive summary of
each annual Groundwater Protection and Restoration Report submitted to the
Department by the operator of any coal combustion residuals surface impoundments
pursuant to G.S. 130A-309.211(d) and a summary of all groundwater sampling,
protection, and restoration activities related to the impoundment for the
preceding year. The report shall also include an executive summary of each
annual Surface Water Protection and Restoration Report submitted to the
Department by the operator of any coal combustion residuals surface
impoundments pursuant to G.S. 130A-309.212(e) and a summary of all surface
water sampling, protection, and restoration activities related to the impoundment
for the preceding year, including the status of the identification, assessment,
and correction of unpermitted discharges from coal combustion residuals surface
impoundments to the surface waters of the State. The Department shall
supplement the written reports required by this subsection with additional
written and oral reports as may be requested by the Environmental Review
Commission. The Department shall submit the written reports required by this
subsection whether or not the General Assembly is in session at the time the
report is due.

(b) On or before October 1 of each year, the
Department shall report to each member of the General Assembly who has a coal
combustion residuals surface impoundment in the member's district. This report
shall include the location of each impoundment in the member's district, the
amount of coal combustion residuals known or believed to be located in the
impoundment, the last action taken at the impoundment, and the date of that
last action.

(c) On or before October 1 of each year, a public
utility generating coal combustion residuals and coal combustion products shall
submit an annual summary to the Department. The annual summary shall be for the
period of July 1 through June 30 and shall include all of the following:

(1) The volume of coal combustion residuals and
products produced.

(2) The volume of coal combustion residuals disposed.

(3) The volume of coal combustion products used in
structural fill projects.

(a) It is the intent of the General Assembly to
maintain a uniform system for the management of coal combustion residuals and
coal combustion products, including matters of disposal and beneficial use, and
to place limitations upon the exercise by all units of local government in
North Carolina of the power to regulate the management of coal combustion
residuals and coal combustion products by means of ordinances, property
restrictions, zoning regulations, or otherwise. Notwithstanding any authority
granted to counties, municipalities, or other local authorities to adopt local
ordinances, including those imposing taxes, fees, or charges or regulating
health, environment, or land use, all provisions of local ordinances, including
those regulating land use, adopted by counties, municipalities, or other local
authorities that regulate or have the effect of regulating the management of
coal combustion residuals and coal combustion products, including regulation of
carbon burn-out plants, within the jurisdiction of a local government are
invalidated, to the extent necessary to effectuate the purposes of this Part,
that do the following:

(1) Place any restriction or condition not placed by
this Part upon management of coal combustion residuals or coal combustion
products within any county, city, or other political subdivision.

(2) Conflict or are in any manner inconsistent with the
provisions of this Part.

(b) If a local zoning or land-use ordinance imposes
requirements, restrictions, or conditions that are generally applicable to
development, including, but not limited to, setback, buffer, and stormwater
requirements, and coal combustion residuals and coal combustion products would
be regulated under the ordinance of general applicability, the operator of the
proposed activities may petition the Environmental Management Commission to
review the matter. After receipt of a petition, the Commission shall hold a
hearing in accordance with the procedures in subsection (c) of this section and
shall determine whether or to what extent to preempt the local ordinance to
allow for the management of coal combustion residuals and coal combustion
products.

(c) When a petition described in subsection (b) of
this section has been filed with the Environmental Management Commission, the
Commission shall hold a public hearing to consider the petition. The public
hearing shall be held in the affected locality within 60 days after receipt of
the petition by the Commission. The Commission shall give notice of the public
hearing by both of the following means:

(1) Publication in a newspaper or newspapers having
general circulation in the county or counties where the activities are to be
conducted, once a week for three consecutive weeks, the first notice appearing
at least 30 days prior to the scheduled date of the hearing.

(2) First-class mail to persons who have requested
notice. The Commission shall maintain a mailing list of persons who request
notice in advance of the hearing pursuant to this section. Notice by mail shall
be complete upon deposit of a copy of the notice in a postage-paid wrapper
addressed to the person to be notified at the address that appears on the
mailing list maintained by the Commission in a post office or official
depository under the exclusive care and custody of the United States Postal
Service.

(d) Any interested person may appear before the
Environmental Management Commission at the hearing to offer testimony. In
addition to testimony before the Commission, any interested person may submit
written evidence to the Commission for the Commission's consideration. At least
20 days shall be allowed for receipt of written comment following the hearing.

(e) A local zoning or land-use ordinance is presumed
to be valid and enforceable to the extent the zoning or land-use ordinance
imposes requirements, restrictions, or conditions that are generally applicable
to development, including, but not limited to, setback, buffer, and stormwater
requirements, unless the Environmental Management Commission makes a finding of
fact to the contrary. The Commission shall determine whether or to what extent
to preempt local ordinances so as to allow the project involving management of
coal combustion residuals and coal combustion products no later than 60 days
after conclusion of the hearing. The Commission shall preempt a local ordinance
only if the Commission makes all of the following findings:

(1) That there is a local ordinance that would regulate
the management of coal combustion residuals and coal combustion products.

(2) That all legally required State and federal permits
or approvals have been issued by the appropriate State and federal agencies or
that all State and federal permit requirements have been satisfied and that the
permits or approvals have been denied or withheld only because of the local
ordinance.

(3) That local citizens and elected officials have had
adequate opportunity to participate in the permitting process.

(4) That the project involving management of coal
combustion residuals and coal combustion products will not pose an unreasonable
health or environmental risk to the surrounding locality and that the operator
has taken or consented to take reasonable measures to avoid or manage
foreseeable risks and to comply to the maximum feasible extent with applicable
local ordinances.

(f) If the Environmental Management Commission does
not make all of the findings under subsection (e) of this section, the
Commission shall not preempt the challenged local ordinance. The Commission's
decision shall be in writing and shall identify the evidence submitted to the
Commission plus any additional evidence used in arriving at the decision.

(g) The decision of the Environmental Management
Commission shall be final, unless a party to the action files a written appeal
under Article 3 of Chapter 150B of the General Statutes, as modified by this
section, within 30 days of the date of the decision. The record on appeal shall
consist of all materials and information submitted to or considered by the
Commission, the Commission's written decision, a complete transcript of the
hearing, the specific findings required by subsection (e) of this section, and
any minority positions on the specific findings required by subsection (e) of
this section. The scope of judicial review shall be as set forth in G.S. 150B-51,
except as this subsection provides regarding the record on appeal.

(h) If the court reverses or modifies the decision of
the Environmental Management Commission, the judge shall set out in writing,
which writing shall become part of the record, the reasons for the reversal or
modification.

(i) In computing any period of time prescribed or
allowed by the procedure in this section, the provisions of Rule 6(a) of the
Rules of Civil Procedure, G.S. 1A-1, shall apply. (2014-122,
s. 3(a).)

§ 130A-309.206. Federal preemption; severability.

The provisions of this Part shall be severable, and if any
phrase, clause, sentence, or provision is declared to be unconstitutional or
otherwise invalid or is preempted by federal law or regulation, the validity of
the remainder of this Part shall not be affected thereby. (2014-122, s. 3(a).)

§ 130A-309.207. General rule making for Part.

The Environmental Management Commission shall adopt rules as
necessary to implement the provisions of the Part. Such rules shall be exempt
from the requirements of G.S. 150B-19.3. (2014-122,
s. 3(a).)

§ 130A-309.210. Generation, disposal, and use of coal
combustion residuals.

(a) On or after October 1, 2014, the construction of
new and expansion of existing coal combustion residuals surface impoundments is
prohibited.

(b) On or after October 1, 2014, the disposal of coal
combustion residuals into a coal combustion residuals surface impoundment at an
electric generating facility where the coal-fired generating units are no longer
producing coal combustion residuals is prohibited.

(c) On or after December 31, 2018, the discharge of
stormwater into a coal combustion surface impoundment at an electric generating
facility where the coal-fired generating units are no longer producing coal
combustion residuals is prohibited.

(d) On or after December 31, 2019, the discharge of
stormwater into a coal combustion surface impoundment at an electric generating
facility where the coal-fired generating units are actively producing coal
combustion residuals is prohibited.

(e) On or before December 31, 2018, all electric
generating facilities owned by a public utility shall convert to the disposal
of "dry" fly ash or the facility shall be retired. For purposes of
this subsection, the term "dry" means coal combustion residuals that
are not in the form of liquid wastes, wastes containing free liquids, or
sludges.

(f) On or before December 31, 2019, all electric
generating facilities owned by a public utility shall convert to the disposal
of "dry" bottom ash or the facility shall be retired. For purposes of
this subsection, the term "dry" means coal combustion residuals that
are not in the form of liquid wastes, wastes containing free liquids, or
sludges. (2014-122, s. 3(a).)

§ 130A-309.211. Groundwater assessment and corrective
action; drinking water supply well survey and provision of alternate water
supply; reporting.

(a) Groundwater Assessment of Coal Combustion
Residuals Surface Impoundments. - The owner of a coal combustion residuals
surface impoundment shall conduct groundwater monitoring and assessment as
provided in this subsection. The requirements for groundwater monitoring and
assessment set out in this subsection are in addition to any other groundwater
monitoring and assessment requirements applicable to the owners of coal
combustion residuals surface impoundments:

(1) No later than December 31, 2014, the owner of a
coal combustion residuals surface impoundment shall submit a proposed
Groundwater Assessment Plan for the impoundment to the Department for its
review and approval. The Groundwater Assessment Plan shall, at a minimum,
provide for all of the following:

a. A description of all receptors and significant
exposure pathways.

b. An assessment of the horizontal and vertical extent
of soil and groundwater contamination for all contaminants confirmed to be
present in groundwater in exceedance of groundwater quality standards.

c. A description of all significant factors affecting
movement and transport of contaminants.

d. A description of the geological and hydrogeological
features influencing the chemical and physical character of the contaminants.

e. A schedule for continued groundwater monitoring.

f. Any other information related to groundwater
assessment required by the Department.

(2) The Department shall approve the Groundwater
Assessment Plan if it determines that the Plan complies with the requirements
of this subsection and will be sufficient to protect public health, safety, and
welfare; the environment; and natural resources.

(3) No later than 10 days from approval of the
Groundwater Assessment Plan, the owner shall begin implementation of the Plan.

(4) No later than 180 days from approval of the
Groundwater Assessment Plan, the owner shall submit a Groundwater Assessment
Report to the Department. The Report shall describe all exceedances of
groundwater quality standards associated with the impoundment.

(b) Corrective Action for the Restoration of
Groundwater Quality. - The owner of a coal combustion residuals surface
impoundment shall implement corrective action for the restoration of
groundwater quality as provided in this subsection. The requirements for
corrective action for the restoration of groundwater quality set out in this
subsection are in addition to any other corrective action for the restoration
of groundwater quality requirements applicable to the owners of coal combustion
residuals surface impoundments:

(1) No later than 90 days from submission of the
Groundwater Assessment Report required by subsection (a) of this section, or a
time frame otherwise approved by the Department not to exceed 180 days from
submission of the Groundwater Assessment Report, the owner of the coal
combustion residuals surface impoundment shall submit a proposed Groundwater
Corrective Action Plan to the Department for its review and approval. The
Groundwater Corrective Action Plan shall provide for the restoration of
groundwater in conformance with the requirements of Subchapter L of Chapter 2
of Title 15A of the North Carolina Administrative Code. The Groundwater
Corrective Action Plan shall include, at a minimum, all of the following:

a. A description of all exceedances of the groundwater
quality standards, including any exceedances that the owner asserts are the
result of natural background conditions.

b. A description of the methods for restoring
groundwater in conformance with the requirements of Subchapter L of Chapter 2
of Title 15A of the North Carolina Administrative Code and a detailed
explanation of the reasons for selecting these methods.

e. A monitoring plan for evaluating the effectiveness
of the proposed corrective action and detecting movement of any contaminant
plumes.

f. Any other information related to groundwater
assessment required by the Department.

(2) The Department shall approve the Groundwater
Corrective Action Plan if it determines that the Plan complies with the
requirements of this subsection and will be sufficient to protect public
health, safety, and welfare; the environment; and natural resources.

(3) No later than 30 days from the approval of the
Groundwater Corrective Action Plan, the owner shall begin implementation of the
Plan in accordance with the Plan's schedule.

(c) Drinking Water Supply Well Survey and Provision of
Alternate Water Supply. - No later than October 1, 2014, the owner of a coal
combustion residuals surface impoundment shall conduct a Drinking Water Supply
Well Survey that identifies all drinking water supply wells within one-half
mile down-gradient from the established compliance boundary of the impoundment
and submit the Survey to the Department. The Survey shall include well
locations, the nature of water uses, available well construction details, and
information regarding ownership of the wells. No later than December 1, 2014,
the Department shall determine, based on the Survey, which drinking water
supply wells the owner is required to sample and how frequently and for what
period sampling is required. The Department shall require sampling for drinking
water supply wells where data regarding groundwater quality and flow and depth
in the area of any surveyed well provide a reasonable basis to predict that the
quality of water from the surveyed well may be adversely impacted by
constituents associated with the presence of the impoundment. No later than
January 1, 2015, the owner shall initiate sampling and water quality analysis
of the drinking water supply wells. A property owner may elect to have an
independent third party selected from a laboratory certified by the
Department's Wastewater/Groundwater Laboratory Certification program sample
wells located on their property in lieu of sampling conducted by the owner of
the coal combustion residuals surface impoundment. The owner of the coal
combustion residuals surface impoundment shall pay for the reasonable costs of
such sampling. Nothing in this subsection shall be construed to preclude or
impair the right of any property owner to refuse such sampling of wells on
their property. If the sampling and water quality analysis indicates that water
from a drinking water supply well exceeds groundwater quality standards for
constituents associated with the presence of the impoundment, the owner shall
replace the contaminated drinking water supply well with an alternate supply of
potable drinking water and an alternate supply of water that is safe for other
household uses. The alternate supply of potable drinking water shall be
supplied within 24 hours of the Department's determination that there is an
exceedance of groundwater quality standards attributable to constituents
associated with the presence of the impoundment. The alternate supply of water
that is safe for other household uses shall be supplied within 30 days of the
Department's determination that there is an exceedance of groundwater quality
standards attributable to constituents associated with the presence of the
impoundment. The requirement to replace a contaminated drinking water supply
well with an alternate supply of potable drinking water and an alternate supply
of water that is safe for other household uses set out in this subsection is in
addition to any other requirements to replace a contaminated drinking water
supply well with an alternate supply of potable drinking water or an alternate
supply of water that is safe for other household uses applicable to the owners
of coal combustion residuals surface impoundments.

(d) Reporting. - In addition to any other reporting
required by the Department, the owner of a coal combustion residuals surface
impoundment shall submit an annual Groundwater Protection and Restoration
Report to the Department no later than January 31 of each year. The Report shall
include a summary of all groundwater monitoring, protection, and restoration
activities related to the impoundment for the preceding year, including the
status of the Groundwater Assessment Plan, the Groundwater Assessment Report,
the Groundwater Corrective Action Plan, the Drinking Water Supply Well Survey,
and the replacement of any contaminated drinking water supply wells. The owner
of a coal combustion residuals surface impoundment shall also submit all
information required to be submitted to the Department pursuant to this section
to the Coal Ash Management Commission. (2014-122, s.
3(a).)

(1) The owner of a coal combustion residuals surface
impoundment shall identify all discharges from the impoundment as provided in
this subsection. The requirements for identifying all discharges from an
impoundment set out in this subsection are in addition to any other
requirements for identifying discharges applicable to the owners of coal
combustion residuals surface impoundments.

(2) No later than December 31, 2014, the owner of a
coal combustion residuals surface impoundment shall submit a topographic map
that identifies the location of all (i) outfalls from engineered channels
designed or improved for the purpose of collecting water from the toe of the
impoundment and (ii) seeps and weeps discharging from the impoundment that are
not captured by engineered channels designed or improved for the purpose of
collecting water from the toe of the impoundment to the Department. The
topographic map shall comply with all of the following:

a. Be at a scale as required by the Department.

b. Specify the latitude and longitude of each toe
drain outfall, seep, and weep.

c. Specify whether the discharge from each toe drain
outfall, seep, and weep is continuous or intermittent.

d. Provide an average flow measurement of the
discharge from each toe drain outfall, seep, and weep including a description
of the method used to measure average flow.

e. Specify whether the discharge from each toe drain
outfall, seep, and weep identified reaches the surface waters of the State. If
the discharge from a toe drain outfall, seep, or weep reaches the surface
waters of the State, the map shall specify the latitude and longitude of where
the discharge reaches the surface waters of the State.

f. Include any other information related to the
topographic map required by the Department.

(b) Assessment of Discharges from Coal Combustion
Residuals Surface Impoundments to the Surface Waters of the State. - The owner
of a coal combustion residuals surface impoundment shall conduct an assessment
of discharges from the coal combustion residuals surface impoundment to the
surface waters of the State as provided in this subsection. The requirements
for assessment of discharges from the coal combustion residuals surface
impoundment to the surface waters of the State set out in this subsection are
in addition to any other requirements for the assessment of discharges from
coal combustion residuals surface impoundments to surface waters of the State
applicable to the owners of coal combustion residuals surface impoundments:

(1) No later than December 31, 2014, the owner of a
coal combustion residuals surface impoundment shall submit a proposed Discharge
Assessment Plan to the Department. The Discharge Assessment Plan shall include
information sufficient to allow the Department to determine whether any
discharge, including a discharge from a toe drain outfall, seep, or weep, has
reached the surface waters of the State and has caused a violation of surface
water quality standards. The Discharge Assessment Plan shall include, at a
minimum, all of the following:

a. Upstream and downstream sampling locations within
all channels that could potentially carry a discharge.

b. A description of the surface water quality analyses
that will be performed.

c. A sampling schedule, including the frequency and
duration of sampling activities.

d. Reporting requirements.

e. Any other information related to the assessment of
discharges required by the Department.

(2) The Department shall approve the Discharge
Assessment Plan if it determines that the Plan complies with the requirements
of this subsection and will be sufficient to protect public health, safety, and
welfare; the environment; and natural resources.

(3) No later than 30 days from the approval of the
Discharge Assessment Plan, the owner shall begin implementation of the Plan in
accordance with the Plan's schedule.

(c) Corrective Action to Prevent Unpermitted
Discharges from Coal Combustion Residuals Surface Impoundments to the Surface
Waters of the State. - The owner of a coal combustion residuals surface
impoundment shall implement corrective action to prevent unpermitted discharges
from the coal combustion residuals surface impoundment to the surface waters of
the State as provided in this subsection. The requirements for corrective
action to prevent unpermitted discharges from coal combustion residuals surface
impoundments to the surface waters of the State set out in this subsection are
in addition to any other requirements for corrective action to prevent
unpermitted discharges from coal combustion residuals surface impoundments to
the surface waters of the State applicable to the owners of coal combustion
residuals surface impoundments:

(1) If the Department determines, based on information
provided pursuant to subsection (a) or (b) of this section, that an unpermitted
discharge from a coal combustion residuals surface impoundment, including an
unpermitted discharge from a toe drain outfall, seep, or weep, has reached the
surface waters of the State, the Department shall notify the owner of the
impoundment of its determination.

(2) No later than 30 days from a notification pursuant
to subdivision (1) of this subsection, the owner of the coal combustion
residuals surface impoundment shall submit a proposed Unpermitted Discharge
Corrective Action Plan to the Department for its review and approval. The
proposed Unpermitted Discharge Corrective Action Plan shall include, at a
minimum, all of the following:

a. One of the following methods of proposed corrective
action:

1. Elimination of the unpermitted discharge.

2. Application for a National Pollutant Discharge
Elimination System (NPDES) permit amendment pursuant to G.S. 143-215.1 and
Subchapter H of Chapter 2 of Title 15A of the North Carolina Administrative
Code to bring the unpermitted discharge under permit regulations.

b. A detailed explanation of the reasons for selecting
the method of corrective action.

e. A monitoring plan for evaluating the effectiveness
of the proposed corrective action.

f. Any other information related to the correction of
unpermitted discharges required by the Department.

(3) The Department shall approve the Unpermitted
Discharge Corrective Action Plan if it determines that the Plan complies with
the requirements of this subsection and will be sufficient to protect public
health, safety, and welfare; the environment; and natural resources.

(4) No later than 30 days from the approval of the
Unpermitted Discharge Corrective Action Plan, the owner shall begin
implementation of the Plan in accordance with the Plan's schedule.

(d) Identification of New Discharges. - No later than
October 1, 2014, the owner of a coal combustion residuals surface impoundment
shall submit a proposed Plan for the Identification of New Discharges to the
Department for its review and approval as provided in this subsection:

(1) The proposed Plan for the Identification of New
Discharges shall include, at a minimum, all of the following:

a. A procedure for routine inspection of the coal
combustion residuals surface impoundment to identify indicators of potential
new discharges, including toe drain outfalls, seeps, and weeps.

b. A procedure for determining whether a new discharge
is actually present.

c. A procedure for notifying the Department when a new
discharge is confirmed.

d. Any other information related to the identification
of new discharges required by the Department.

(2) The Department shall approve the Plan for the
Identification of New Discharges if it determines that the Plan complies with
the requirements of this subsection and will be sufficient to protect public
health, safety, and welfare; the environment; and natural resources.

(3) No later than 30 days from the approval of the Plan
for the Identification of New Discharges, the owner shall begin implementation
of the Plan in accordance with the Plan.

(e) Reporting. - In addition to any other reporting
required by the Department, the owner of a coal combustion residuals surface
impoundment shall submit an annual Surface Water Protection and Restoration Report
to the Department no later than January 31 of each year. The Report shall
include a summary of all surface water sampling, protection, and restoration
activities related to the impoundment for the preceding year, including the
status of the identification, assessment, and correction of unpermitted
discharges from coal combustion residuals surface impoundments to the surface
waters of the State. The owner of a coal combustion residuals surface
impoundment shall also submit all information required to be submitted to the
Department pursuant to this section to the Coal Ash Management Commission. (2014-122, s. 3(a).)

(a) As soon as practicable, but no later than December
31, 2015, the Department shall develop proposed classifications for all coal
combustion residuals surface impoundments, including active and retired sites,
for the purpose of closure and remediation based on these sites' risks to
public health, safety, and welfare; the environment; and natural resources and
shall determine a schedule for closure and required remediation that is based
on the degree of risk to public health, safety, and welfare; the environment;
and natural resources posed by the impoundments and that gives priority to the
closure and required remediation of impoundments that pose the greatest risk.
In assessing the risk, the Department shall evaluate information received
pursuant to G.S. 130A-309.211 and G.S. 130A-309.212 and any other information
deemed relevant and, at a minimum, consider all of the following:

(1) Any hazards to public health, safety, or welfare
resulting from the impoundment.

(2) The structural condition and hazard potential of
the impoundment.

(3) The proximity of surface waters to the impoundment
and whether any surface waters are contaminated or threatened by contamination
as a result of the impoundment.

(4) Information concerning the horizontal and vertical
extent of soil and groundwater contamination for all contaminants confirmed to
be present in groundwater in exceedance of groundwater quality standards and
all significant factors affecting contaminant transport.

(5) The location and nature of all receptors and
significant exposure pathways.

(6) The geological and hydrogeological features
influencing the movement and chemical and physical character of the
contaminants.

(7) The amount and characteristics of coal combustion
residuals in the impoundment.

(8) Whether the impoundment is located within an area
subject to a 100-year flood.

(9) Any other factor the Department deems relevant to
establishment of risk.

(b) The Department shall issue a proposed
classification for each coal combustion residuals surface impoundment based
upon the assessment conducted pursuant to subsection (a) of this section as
high-risk, intermediate-risk, or low-risk. Within 30 days after a proposed
classification has been issued, the Department shall issue a written
declaration, including findings of fact, documenting the proposed
classification. The Department shall provide for public participation on the
proposed risk classification as follows:

(1) The Department shall make copies of the written
declaration issued pursuant to this subsection available for inspection as
follows:

a. A copy of the declaration shall be provided to the
local health director.

b. A copy of the declaration shall be provided to the
public library located in closest proximity to the site in the county or
counties in which the site is located.

c. The Department shall post a copy of the declaration
on the Department's Web site.

d. The Department shall place copies of the
declaration in other locations so as to assure the reasonable availability
thereof to the public.

(2) The Department shall give notice of the written
declaration issued pursuant to this subsection as follows:

a. A notice and summary of the declaration shall be
published weekly for a period of three consecutive weeks in a newspaper having
general circulation in the county or counties where the site is located.

b. Notice of the written declaration shall be given by
first-class mail to persons who have requested such notice. Such notice shall
include a summary of the written declaration and state the locations where a
copy of the written declaration is available for inspection. The Department
shall maintain a mailing list of persons who request notice pursuant to this
section.

c. Notice of the written declaration shall be given by
electronic mail to persons who have requested such notice. Such notice shall
include a summary of the written declaration and state the locations where a
copy of the written declaration is available for inspection. The Department
shall maintain a mailing list of persons who request notice pursuant to this
section.

(3) No later than 60 days after issuance of the written
declaration, the Department shall conduct a public meeting in the county or
counties in which the site is located to explain the written declaration to the
public. The Department shall give notice of the hearing at least 15 days prior
to the date thereof by all of the following methods:

a. Publication as provided in subdivision (1) of this
subsection, with first publication to occur not less than 30 days prior to the
scheduled date of the hearing.

b. First-class mail to persons who have requested
notice as provided in subdivision (2) of this subsection.

c. Electronic mail to persons who have requested
notice as provided in subdivision (2) of this subsection.

(4) At least 30 days from the latest date on which
notice is provided pursuant to subdivision (2) of this subsection shall be
allowed for the receipt of written comment on the written declaration prior to
issuance of a final risk classification. At least 20 days will be allowed for
receipt of written comment following a hearing conducted pursuant to
subdivision (3) of this subsection prior to issuance of a final risk
classification.

(c) Within 30 days of the receipt of all written
comment as required by subdivision (4) of subsection (b) of this section, the
Department shall submit a proposed classification for a coal combustion
residuals surface impoundment to the Coal Ash Management Commission established
pursuant to G.S. 130A-309.202. The Commission shall evaluate all information
submitted in accordance with this Part related to the proposed classification
and any other information the Commission deems relevant. The Commission shall
only approve the proposed classification if it determines that the
classification was developed in accordance with this section and that the
classification accurately reflects the level of risk posed by the coal
combustion residuals surface impoundment. The Commission shall issue its
determination in writing, including findings in support of its determination.
If the Commission fails to act on a proposed classification within 60 days of
receipt of the proposed classification, the proposed classification shall be deemed
approved. Parties aggrieved by a final decision of the Commission pursuant to
this subsection may appeal the decision as provided under Article 3 of Chapter
150B of the General Statutes. (2014-122, s. 3(a).)

(a) An owner of a coal combustion residuals surface
impoundment shall submit a proposed Coal Combustion Residuals Surface
Impoundment Closure Plan for the Department's approval. If corrective action to
restore groundwater has not been completed pursuant to the requirements of G.S.
130A-309.211(b), the proposed closure plan shall include provisions for
completion of activities to restore groundwater in conformance with the
requirements of Subchapter L of Chapter 2 of Title 15A of the North Carolina
Administrative Code. In addition, the following requirements, at a minimum,
shall apply to such plans:

(1) High-risk impoundments shall be closed as soon as
practicable, but no later than December 31, 2019. A proposed closure plan for
such impoundments must be submitted as soon as practicable, but no later than
December 31, 2016. At a minimum, (i) impoundments located in whole above the
seasonal high groundwater table shall be dewatered; (ii) impoundments located
in whole or in part beneath the seasonal high groundwater table shall be
dewatered to the maximum extent practicable; and (iii) the owner of an
impoundment shall either:

a. Convert the coal combustion residuals impoundment
to an industrial landfill by removing all coal combustion residuals and
contaminated soil from the impoundment temporarily, safely storing the
residuals on-site, and complying with the requirements for such landfills
established by this Article and rules adopted thereunder. At a minimum, the
landfills shall have a design with a leachate collection system, a closure cap
system, and a composite liner system consisting of two components: the upper
component shall consist of a minimum 30-ml flexible membrane (FML), and the
lower components shall consist of at least a two-foot layer of compacted soil
with a hydraulic conductivity of no more than 1 x 10-7 centimeters
per second. FML components consisting of high density polyethylene (HDPE) shall
be at least 60 ml thick. The landfill shall otherwise comply with the
construction requirements established by Section .1624 of Subchapter B of
Chapter 13 of Title 15A of the North Carolina Administrative Code, and the
siting and design requirements for disposal sites established by Section .0503
of Subchapter B of Chapter 13 of Title 15A of the North Carolina Administrative
Code, except with respect to those requirements that pertain to buffers. In
lieu of the buffer requirement established by Section .0503(f)(2)(iii) of
Subchapter B of Chapter 13 of Title 15A of the North Carolina Administrative
Code, the owner of the impoundment shall establish and maintain a 300-foot
buffer between surface waters and disposal areas. After the temporarily
displaced coal combustion residuals have been returned for disposal in the
industrial landfill constructed pursuant to the requirements of this sub-subdivision,
the owner of the landfill shall comply with the closure and post-closure
requirements established by Section .1627 of Subchapter B of Chapter 13 of
Title 15A of the North Carolina Administrative Code. A landfill constructed
pursuant to this sub-subdivision shall otherwise be subject to all applicable
requirements of this Chapter and rules adopted thereunder. Prior to closure,
the Department may allow the disposal of coal combustion residuals, in addition
to those originally contained in the impoundment, to the landfill constructed
pursuant to this sub-subdivision, if the Department determines that the site is
suitable for additional capacity and that disposal of additional coal
combustion residuals will not pose an unacceptable risk to public health,
safety, welfare; the environment; and natural resources.

b. Remove all coal combustion residuals from the
impoundment, return the former impoundment to a nonerosive and stable condition
and (i) transfer the coal combustion residuals for disposal in a coal
combustion residuals landfill, industrial landfill, or municipal solid waste
landfill or (ii) use the coal combustion products in a structural fill or other
beneficial use as allowed by law. The use of coal combustion products (i) as
structural fill shall be conducted in accordance with the requirements of
Subpart 3 of this Part and (ii) for other beneficial uses shall be conducted in
accordance with the requirements of Section .1700 of Subchapter B of Chapter 13
of Title 15A of the North Carolina Administrative Code (Requirements for
Beneficial Use of Coal Combustion By-Products) and Section .1205 of Subchapter
T of Chapter 2 of Title 15A of the North Carolina Administrative Code (Coal
Combustion Products Management).

(2) Intermediate-risk impoundments shall be closed as
soon as practicable, but no later than December 31, 2024. A proposed closure
plan for such impoundments must be submitted as soon as practicable, but no
later than December 31, 2017. At a minimum, such impoundments shall be
dewatered, and the owner of an impoundment shall close the impoundment in any
manner allowed pursuant to subdivision (1) of this subsection.

(3) Low-risk impoundments shall be closed as soon as
practicable, but no later than December 31, 2029. A proposed closure plan for
such impoundments must be submitted as soon as practicable, but no later than
December 31, 2018. At a minimum, (i) impoundments located in whole above the
seasonal high groundwater table shall be dewatered; (ii) impoundments located
in whole or in part beneath the seasonal high groundwater table shall be
dewatered to the maximum extent practicable; and (iii) the owner of an
impoundment shall either:

a. Close in any manner allowed pursuant to subdivision
(1) of this subsection.

b. Comply with the closure and post-closure
requirements established by Section .1627 of Subchapter B of Chapter 13 of
Title 15A of the North Carolina Administrative Code, except that such
impoundments shall not be required to install and maintain a leachate
collection system. Specifically, the owner of an impoundment shall install and
maintain a cap system that is designed to minimize infiltration and erosion in
conformance with the requirements of Section .1624 of Subchapter B of Chapter
13 of Title 15A of the North Carolina Administrative Code, and, at a minimum,
shall be designed and constructed to (i) have a permeability no greater than 1
x 10-5 centimeters per second; (ii) minimize infiltration by the use
of a low-permeability barrier that contains a minimum 18 inches of earthen
material; and (iii) minimize erosion of the cap system and protect the low-permeability
barrier from root penetration by use of an erosion layer that contains a
minimum of six inches of earthen material that is capable of sustaining native
plant growth. In addition, the owner of an impoundment shall (i) install and
maintain a groundwater monitoring system; (ii) establish financial assurance
that will ensure that sufficient funds are available for closure pursuant to
this subdivision, post-closure maintenance and monitoring, any corrective
action that the Department may require, and satisfy any potential liability for
sudden and nonsudden accidental occurrences arising from the impoundment and
subsequent costs incurred by the Department in response to an incident, even if
the owner becomes insolvent or ceases to reside, be incorporated, do business,
or maintain assets in the State; and (iii) conduct post-closure care for a
period of 30 years, which period may be increased by the Department upon a
determination that a longer period is necessary to protect public health,
safety, welfare; the environment; and natural resources, or decreased upon a
determination that a shorter period is sufficient to protect public health,
safety, welfare; the environment; and natural resources. The Department may
require implementation of any other measure it deems necessary to protect
public health, safety, and welfare; the environment; and natural resources,
including imposition of institutional controls that are sufficient to protect
public health, safety, and welfare; the environment; and natural resources. The
Department may not approve closure for an impoundment pursuant to sub-subdivision
b. of subdivision (3) of this subsection unless the Department finds that the
proposed closure plan includes design measures to prevent, upon the plan's full
implementation, post-closure exceedances of groundwater quality standards beyond
the compliance boundary that are attributable to constituents associated with
the presence of the impoundment.

(4) Closure Plans for all impoundments shall include
all of the following:

a. Facility and coal combustion residuals surface
impoundment description. - A description of the operation of the site that
shall include, at a minimum, all of the following:

1. Site history and history of site operations,
including details on the manner in which coal combustion residuals have been
stored and disposed of historically.

2. Estimated volume of material contained in the
impoundment.

3. Analysis of the structural integrity of dikes or
dams associated with impoundment.

4. All sources of discharge into the impoundment,
including volume and characteristics of each discharge.

5. Whether the impoundment is lined, and, if so, the
composition thereof.

6. A summary of all information available concerning
the impoundment as a result of inspections and monitoring conducted pursuant to
this Part and otherwise available.

b. Site maps, which, at a minimum, illustrate all of
the following:

1. All structures associated with the operation of any
coal combustion residuals surface impoundment located on the site. For purposes
of this sub-subdivision, the term "site" means the land or waters
within the property boundary of the applicable electric generating station.

2. All current and former coal combustion residuals
disposal and storage areas on the site, including details concerning coal
combustion residuals produced historically by the electric generating station
and disposed of through transfer to structural fills.

3. The property boundary for the applicable site,
including established compliance boundaries within the site.

4. All potential receptors within 2,640 feet from
established compliance boundaries.

5. Topographic contour intervals of the site shall be
selected to enable an accurate representation of site features and terrain and
in most cases should be less than 20-foot intervals.

6. Locations of all sanitary landfills permitted
pursuant to this Article on the site that are actively receiving waste or are
closed, as well as the established compliance boundaries and components of
associated groundwater and surface water monitoring systems.

7. All existing and proposed groundwater monitoring
wells associated with any coal combustion residuals surface impoundment on the
site.

8. All existing and proposed surface water sample
collection locations associated with any coal combustion residuals surface
impoundment on the site.

c. The results of a hydrogeologic, geologic, and
geotechnical investigation of the site, including, at a minimum, all of the
following:

1. A description of the hydrogeology and geology of
the site.

2. A description of the stratigraphy of the geologic
units underlying each coal combustion residuals surface impoundment located on
the site.

3. The saturated hydraulic conductivity for (i) the
coal combustion residuals within any coal combustion residuals surface
impoundment located on the site and (ii) the saturated hydraulic conductivity
of any existing liner installed at an impoundment, if any.

6. Identification of all substances with
concentrations determined to be in excess of the groundwater quality standards
for the substance established by Subchapter L of Chapter 2 of Title 15A of the
North Carolina Administrative Code, including all laboratory results for these
analyses.

8. A map that illustrates the potentiometric contours
and flow directions for all identified aquifers underlying impoundments
(shallow, intermediate, and deep) and the horizontal extent of areas where
groundwater quality standards established by Subchapter L of Chapter 2 of Title
15A of the North Carolina Administrative Code for a substance are exceeded.

9. Cross-sections that illustrate the following: the
vertical and horizontal extent of the coal combustion residuals within an
impoundment; stratigraphy of the geologic units underlying an impoundment; and
the vertical extent of areas where groundwater quality standards established by
Subchapter L of Chapter 2 of Title 15A of the North Carolina Administrative
Code for a substance are exceeded.

d. The results of groundwater modeling of the site
that shall include, at a minimum, all of the following:

1. An account of the design of the proposed Closure
Plan that is based on the site hydrogeologic conceptual model developed and
includes (i) predictions on post-closure groundwater elevations and groundwater
flow directions and velocities, including the effects on and from the potential
receptors and (ii) predictions at the compliance boundary for substances with
concentrations determined to be in excess of the groundwater quality standards
for the substance established by Subchapter L of Chapter 2 of Title 15A of the
North Carolina Administrative Code.

2. Predictions that include the effects on the
groundwater chemistry and should describe migration, concentration,
mobilization, and fate for substances with concentrations determined to be in
excess of the groundwater quality standards for the substance established by
Subchapter L of Chapter 2 of Title 15A of the North Carolina Administrative
Code pre- and post-closure, including the effects on and from potential
receptors.

3. A description of the groundwater trend analysis
methods used to demonstrate compliance with groundwater quality standards for
the substance established by Subchapter L of Chapter 2 of Title 15A of the
North Carolina Administrative Code and requirements for corrective action of
groundwater contamination established by Subchapter L of Chapter 2 of Title 15A
of the North Carolina Administrative Code.

e. A description of any plans for beneficial use of
the coal combustion residuals in compliance with the requirements of Section .1700
of Subchapter B of Chapter 13 of Title 15A of the North Carolina Administrative
Code (Requirements for Beneficial Use of Coal Combustion By-Products) and
Section .1205 of Subchapter T of Chapter 2 of Title 15A of the North Carolina
Administrative Code (Coal Combustion Products Management).

f. All engineering drawings, schematics, and
specifications for the proposed Closure Plan. If required by Chapter 89C of the
General Statutes, engineering design documents should be prepared, signed, and
sealed by a professional engineer.

g. A description of the construction quality assurance
and quality control program to be implemented in conjunction with the Closure
Plan, including the responsibilities and authorities for monitoring and testing
activities, sampling strategies, and reporting requirements.

h. A description of the provisions for disposal of
wastewater and management of stormwater and the plan for obtaining all required
permits.

i. A description of the provisions for the final
disposition of the coal combustion residuals. If the coal combustion residuals
are to be removed, the owner must identify (i) the location and permit number
for the coal combustion residuals landfills, industrial landfills, or municipal
solid waste landfills in which the coal combustion residuals will be disposed
and (ii) in the case where the coal combustion residuals are planned for
beneficial use, the location and manner in which the residuals will be
temporarily stored. If the coal combustion residuals are to be left in the impoundment,
the owner must (i) in the case of closure pursuant to sub-subdivision (a)(1)a.
of this section, provide a description of how the ash will be stabilized prior
to completion of closure in accordance with closure and post-closure
requirements established by Section .1627 of Subchapter B of Chapter 13 of
Title 15A of the North Carolina Administrative Code and (ii) in the case of
closure pursuant to sub-subdivision (a)(1)b. of this section, provide a
description of how the ash will be stabilized pre- and post-closure. If the
coal combustion residuals are to be left in the impoundment, the owner must
provide an estimate of the volume of coal combustion residuals remaining.

j. A list of all permits that will need to be
acquired or modified to complete closure activities.

k. A description of the plan for post-closure
monitoring and care for an impoundment for a minimum of 30 years. The length of
the post-closure care period may be (i) proposed to be decreased or the
frequency and parameter list modified if the owner demonstrates that the
reduced period or modifications are sufficient to protect public health,
safety, and welfare; the environment; and natural resources and (ii) increased
by the Department at the end of the post-closure monitoring and care period if
there are statistically significant increasing groundwater quality trends or if
contaminant concentrations have not decreased to a level protective of public
health, safety, and welfare; the environment; and natural resources. If the
owner determines that the post-closure care monitoring and care period is no
longer needed and the Department agrees, the owner shall provide a
certification, signed and sealed by a professional engineer, verifying that
post-closure monitoring and care has been completed in accordance with the post-closure
plan. If required by Chapter 89C of the General Statutes, the proposed plan for
post-closure monitoring and care should be signed and sealed by a professional
engineer. The plan shall include, at a minimum, all of the following:

1. A demonstration of the long-term control of all
leachate, affected groundwater, and stormwater.

2. A description of a groundwater monitoring program
that includes (i) post-closure groundwater monitoring, including parameters to
be sampled and sampling schedules; (ii) any additional monitoring well
installations, including a map with the proposed locations and well
construction details; and (iii) the actions proposed to mitigate statistically
significant increasing groundwater quality trends.

l. An estimate of the milestone dates for all
activities related to closure and post-closure.

n. A description of the anticipated future use of the
site and the necessity for the implementation of institutional controls
following closure, including property use restrictions, and requirements for
recordation of notices documenting the presence of contamination, if applicable,
or historical site use.

(b) The Department shall review a proposed Coal
Combustion Residuals Surface Impoundment Closure Plan for consistency with the
minimum requirements set forth in subsection (a) of this section and whether
the proposed Closure Plan is protective of public health, safety, and welfare;
the environment; and natural resources and otherwise complies with the
requirements of this Part. Prior to issuing a decision on a proposed Closure
Plan, the Department shall provide for public participation on the proposed
Closure Plan as follows:

(1) The Department shall make copies of the proposed
Closure Plan available for inspection as follows:

a. A copy of the proposed Closure Plan shall be
provided to the local health director.

b. A copy of the proposed Closure Plan shall be
provided to the public library located in closest proximity to the site in the
county or counties in which the site is located.

c. The Department shall post a copy of the proposed
Closure Plan on the Department's Web site.

d. The Department shall place copies of the
declaration in other locations so as to assure the reasonable availability
thereof to the public.

a. A notice and summary of the proposed Closure Plan
shall be published weekly for a period of three consecutive weeks in a
newspaper having general circulation in the county or counties where the site
is located.

b. Notice that a proposed Closure Plan has been
developed shall be given by first-class mail to persons who have requested such
notice. Such notice shall include a summary of the proposed Closure Plan and
state the locations where a copy of the proposed Closure Plan is available for
inspection. The Department shall maintain a mailing list of persons who request
notice pursuant to this section.

c. Notice that a proposed Closure Plan has been
developed shall be given by electronic mail to persons who have requested such
notice. Such notice shall include a summary of the proposed Closure Plan and
state the locations where a copy of the proposed Closure Plan is available for
inspection. The Department shall maintain a mailing list of persons who request
notice pursuant to this section.

(3) No later than 60 days after receipt of a proposed
Closure Plan, the Department shall conduct a public meeting in the county or
counties in which the site is located to explain the proposed Closure Plan and
alternatives to the public. The Department shall give notice of the hearing at
least 30 days prior to the date thereof by all of the following methods:

a. Publication as provided in subdivision (1) of this
subsection, with first publication to occur not less than 30 days prior to the
scheduled date of the hearing.

b. First-class mail to persons who have requested
notice as provided in subdivision (2) of this subsection.

c. Electronic mail to persons who have requested
notice as provided in subdivision (2) of this subsection.

(4) At least 30 days from the latest date on which
notice is provided pursuant to subdivision (2) of this subsection shall be
allowed for the receipt of written comment on the proposed Closure Plan prior
to its approval. At least 20 days will be allowed for receipt of written
comment following a hearing conducted pursuant to subdivision (3) of this
subsection prior to the approval of the proposed Closure Plan.

(c) The Department shall disapprove a proposed Coal
Combustion Residuals Surface Impoundment Closure Plan unless the Department
finds that the Closure Plan is protective of public health, safety, and
welfare; the environment; and natural resources and otherwise complies with the
requirements of this Part. The Department shall provide specific findings to
support its decision to approve or disapprove a proposed Closure Plan. If the
Department disapproves a proposed Closure Plan, the person who submitted the
Closure Plan may seek review as provided in Article 3 of Chapter 150B of the
General Statutes. If the Department fails to approve or disapprove a proposed
Closure Plan within 120 days after a complete Closure Plan has been submitted,
the person who submitted the proposed Closure Plan may treat the Closure Plan
as having been disapproved at the end of that time period. The Department may
require a person who proposes a Closure Plan to supply any additional
information necessary for the Department to approve or disapprove the Closure
Plan.

(d) Within 30 days of its approval of a Coal Combustion
Residuals Surface Impoundment Closure Plan, the Department shall submit the
Closure Plan to the Coal Ash Management Commission. The Commission shall
evaluate all information submitted in accordance with this Part related to the
Closure Plan and any other information the Commission deems relevant. The
Commission shall approve the Closure Plan if it determines that the Closure
Plan was developed in accordance with this section, that implementation of the
Closure Plan according to the Closure Plan's schedule is technologically and
economically feasible, and the Closure Plan is protective of the public health,
safety, and welfare; the environment; and natural resources. In addition, the
Commission may consider any impact on electricity costs and reliability, but
this factor may not be dispositive of the Commission's determination. The Commission
shall issue its determination in writing, including findings in support of its
determination. If the Commission fails to act on a Closure Plan within 60 days
of receipt of the Closure Plan, the Closure Plan shall be deemed approved.
Parties aggrieved by a final decision of the Commission pursuant to this
subsection may appeal the decision as provided under Article 3 of Chapter 150B
of the General Statutes.

(e) As soon as practicable, but no later than 60 days
after a Coal Combustion Residuals Surface Impoundment Closure Plan has been
approved by the Coal Ash Management Commission, the owner of the coal
combustion residuals impoundment shall begin implementation of the approved
plan. Modifications to an approved Closure Plan may only be allowed in conformance
with the requirements of this Part, upon written request of an owner of an
impoundment, with the written approval of the Department, and after public
notice of the change in accordance with the requirements of subdivision (2) of
subsection (b) of this section. Provided, however, minor technical
modifications may be made in accordance with standard Department procedures for
such minor modifications and may be made without written approval of the
Department or public notice of the change.

(f) Nothing in this section shall be construed to
obviate the need for sampling, remediation, and monitoring activities at the
site as required by G.S. 130A-309.211 and G.S. 130A-309.310 [G.S. 130A-309.212].
(2014-122, s. 3(a).)

§ 130A-309.215. Variance authority.

(a) In recognition of the complexity and magnitude of
the issues surrounding the management of coal combustion residuals and coal
combustion residuals surface impoundments, the General Assembly authorizes the
Commission to grant a variance to extend any deadline for closure of an
impoundment established under G.S. 130A-309.214 in conformance with the
requirements of this section. To request such a variance the owner of an
impoundment shall, no earlier than two years prior to the applicable deadline,
submit an application in a form acceptable to the Department which shall
include, at a minimum, all of the following information: identification of the
site, applicable requirements, and applicable deadlines for which a variance is
sought, and the site-specific circumstances that support the need for the
variance. The owner of the impoundment shall also provide detailed information
that demonstrates (i) the owner has substantially complied with all other
requirements and deadlines established by this Part; (ii) the owner has made
good faith efforts to comply with the applicable deadline for closure of the
impoundment; and (iii) that compliance with the deadline cannot be achieved by
application of best available technology found to be economically reasonable at
the time and would produce serious hardship without equal or greater benefits
to the public. As soon as practicable, but no later than 60 days from receipt
of an application, the Secretary shall evaluate the information submitted in
conjunction with the application, and any other information the Secretary deems
relevant, to determine whether the information supports issuance of a variance.
After such evaluation, if the Secretary finds that the information supports
issuance of a variance from the deadline, the Secretary shall issue a proposed
variance. Within 10 days after a proposed variance has been issued, the
Secretary shall issue a written declaration, including findings of fact,
documenting the proposed variance. The Department shall provide for public
participation on the proposed variance in the manner provided by G.S. 130A-309.214(b)
and shall take the public input received through the process into account in
its decision concerning the proposed variance. Within 30 days of the receipt of
all public input received, the Department shall submit a proposed variance to
the Coal Ash Management Commission. The Commission shall evaluate all
information submitted in accordance with this section and any other information
the Commission deems relevant. The Commission shall only approve a variance if
it determines that compliance with the deadline cannot be achieved by
application of best available technology found to be economically reasonable at
the time and would produce serious hardship without equal or greater benefits
to the public. The Commission shall issue its determination in writing,
including findings in support of its determination. If the Commission fails to
act on a variance request within 60 days of receipt, the variance shall be
deemed denied. Parties aggrieved by a final decision of the Commission pursuant
to this subsection may appeal the decision as provided under Article 3 of
Chapter 150B of the General Statutes.

(b) A variance granted pursuant to this section shall
not extend a deadline for closure of an impoundment more than three years
beyond the date applicable to the impoundment as provided under G.S. 130A-309.214.

(c) No more than one variance may be granted pursuant
to this section per impoundment. (2014-122, s. 3(a).)

§ 130A-309.216: Reserved for
future codification purposes.

§ 130A-309.217: Reserved for
future codification purposes.

Subpart 3. Use of Coal Combustion Products in Structural
Fill.

§ 130A-309.218. Applicability.

The provisions of this Subpart shall apply to the siting,
design, construction, operation, and closure of projects that utilize coal
combustion products for structural fill. (2014-122,
s. 3(a).)

(1) Projects using coal combustion products as
structural fill involving the placement of less than 8,000 tons of coal
combustion products per acre or less than 80,000 tons of coal combustion
products in total per project, which proceed in compliance with the
requirements of this section and rules adopted thereunder, are deemed
permitted. Any person proposing such a project shall submit an application for
a permit to the Department upon such form as the Department may prescribe,
including, at a minimum, the information set forth in subdivision (1) of
subsection (b) of this section.

(2) No person shall commence or operate a project using
coal combustion residuals as structural fill involving the placement of 8,000
or more tons of coal combustion products per acre or 80,000 or more tons of
coal combustion products in total per project without first receiving an
individual permit from the Department. Any person proposing such a project
shall submit an application for a permit to the Department upon such form as
the Department may prescribe, including, at a minimum, the information set
forth in subdivisions (1) and (2) of subsection (b) of this section.

(b) Information to Be Provided to the Department. - At
least 60 days before initiation of a proposed project using coal combustion
products as structural fill, the person proposing the project shall submit all
of the following information to the Department on a form as prescribed by the
Department:

(1) For projects involving placement of less than 8,000
tons of coal combustion products per acre or less than 80,000 tons of coal
combustion products in total per project, the person shall provide, at a
minimum, the following information:

a. The description of the nature, purpose, and
location of the project.

b. The estimated start and completion dates for the
project.

c. An estimate of the volume of coal combustion
products to be used in the project.

d. A Toxicity Characteristic Leaching Procedure
analysis from a representative sample of each different coal combustion
product's source to be used in the project for, at a minimum, all of the
following constituents: arsenic, barium, cadmium, lead, chromium, mercury,
selenium, and silver.

e. A signed and dated statement by the owner of the
land on which the structural fill is to be placed, acknowledging and consenting
to the use of coal combustion products as structural fill on the property and
agreeing to record the fill in accordance with the requirements of G.S. 130A-390.219
[130A-309.223].

f. The name, address, and contact information for the
generator of the coal combustion products.

g. Physical location of the project at which the coal
combustion products were generated.

(2) For projects involving placement of 8,000 or more
tons of coal combustion products per acre or 80,000 or more tons of coal
combustion products in total per project, the person shall provide all
information required pursuant to subdivision (1) of this subsection and shall
provide construction plans for the project, including a stability analysis as
the Department may require. If required by the Department, a stability analysis
shall be prepared, signed, and sealed by a professional engineer in accordance
with sound engineering practices. A construction plan shall, at a minimum,
include a groundwater monitoring system and an encapsulation liner system in
compliance with the requirements of G.S. 130A-309.220. (2014-122, s. 3(a).)

(1) A structural fill site must be designed,
constructed, operated, closed, and maintained in such a manner as to minimize
the potential for harmful release of constituents of coal combustion residuals
to the environment or create a nuisance to the public.

(2) Coal combustion products shall be collected and
transported in a manner that will prevent nuisances and hazards to public
health and safety. Coal combustion products shall be moisture conditioned, as
necessary, and transported in covered trucks to prevent dusting.

(3) Coal combustion products shall be placed uniformly
and shall be compacted to standards, including in situ density, compaction
effort, and relative density, specified by a registered professional engineer
for a specific end-use purpose.

(4) Equipment shall be provided that is capable of
placing and compacting the coal combustion products and handling the earthwork
required during the periods that coal combustion products are received at the
fill project.

(5) The coal combustion product structural fill project
shall be effectively maintained and operated as a nondischarge system to
prevent discharge to surface water resulting from the project.

(6) The coal combustion product structural fill project
shall be effectively maintained and operated to ensure no violations of
groundwater standards adopted by the Commission pursuant to Article 21 of
Chapter 143 of the General Statutes due to the project.

(7) Surface waters resulting from precipitation shall
be diverted away from the active coal combustion product placement area during
filling and construction activity.

(8) Site development shall comply with the North
Carolina Sedimentation Pollution Control Act of 1973, as amended.

(9) The structural fill project shall be operated with
sufficient dust control measures to minimize airborne emissions and to prevent
dust from creating a nuisance or safety hazard and shall not violate applicable
air quality regulations.

(10) Coal combustion products utilized on an exterior
slope of a structural fill shall not be placed with a slope greater than 3.0
horizontal to 1.0 vertical.

(11) Compliance with this subsection shall not insulate
any of the owners or operators of a structural fill project from claims for
damages to surface waters, groundwater, or air resulting from the operation of
the structural fill project. If the project fails to comply with the
requirements of this section, the constructor, generator, owner, or operator
shall notify the Department and shall take any immediate corrective action as
may be required by the Department.

(b) Liners, Leachate Collection System, Cap, and
Groundwater Monitoring System Required for Large Structural Fills. - For
projects involving placement of 8,000 or more tons of coal combustion products
per acre or 80,000 or more tons of coal combustion products in total per
project shall have an encapsulation liner system. The encapsulation liner
system shall be constructed on and around the structural fill and shall be
designed to efficiently contain, collect, and remove leachate generated by the
coal combustion products, as well as separate the coal combustion products from
any exposure to surrounding environs. At a minimum, the components of the liner
system shall consist of the following:

(1) A base liner, which shall consist of one of the
following designs:

a. A composite liner utilizing a compacted clay liner.
This composite liner is one liner that consists of two components: a
geomembrane liner installed above and in direct and uniform contact with a
compacted clay liner with a minimum thickness of 24 inches (0.61 m) and a
permeability of no more than 1.0 x 10-7 centimeters per second.

b. A composite liner utilizing a geosynthetic clay
liner. This composite liner is one liner that consists of three components: a
geomembrane liner installed above and in uniform contact with a geosynthetic
clay liner overlying a compacted clay liner with a minimum thickness of 18
inches (0.46 m) and a permeability of no more than 1.0 x 10-5
centimeters per second.

(2) A leachate collection system, which is constructed
directly above the base liner and shall be designed to effectively collect and
remove leachate from the project.

(3) A cap system that is designed to minimize
infiltration and erosion as follows:

a. The cap system shall be designed and constructed to
(i) have a permeability less than or equal to the permeability of any base
liner system or the in situ subsoils underlying the structural fill, or the
permeability specified for the final cover in the effective permit, or a
permeability no greater than 1 x 10-5 centimeters per second,
whichever is less; (ii) minimize infiltration through the closed structural
fill by the use of a low-permeability barrier that contains a minimum 18 inches
of earthen material; and (iii) minimize erosion of the cap system and protect
the low-permeability barrier from root penetration by use of an erosion layer
that contains a minimum of six inches of earthen material that is capable of
sustaining native plant growth.

b. The Department may approve an alternative cap
system if the owner or operator can adequately demonstrate (i) the alternative
cap system will achieve an equivalent or greater reduction in infiltration as
the low-permeability barrier specified in sub-subdivision a. of this
subdivision and (ii) the erosion layer will provide equivalent or improved
protection as the erosion layer specified in sub-subdivision a. of this
subdivision.

(4) A groundwater monitoring system, that shall be
approved by the Department and, at a minimum, consists of all of the following:

a. A sufficient number of wells, installed at appropriate
locations and depths, to yield groundwater samples from the uppermost aquifer
that represent the quality of groundwater passing the relevant point of
compliance as approved by the Department. A down-gradient monitoring system
shall be installed at the relevant point of compliance so as to ensure
detection of groundwater contamination in the uppermost aquifer.

b. A proposed monitoring plan, which shall be
certified by a licensed geologist or professional engineer to be effective in
providing early detection of any release of hazardous constituents from any
point in a structural fill or leachate surface impoundment to the uppermost
aquifer, so as to be protective of public health, safety, and welfare; the
environment; and natural resources.

c. A groundwater monitoring program, which shall
include consistent sampling and analysis procedures that are designed to ensure
monitoring results that provide an accurate representation of groundwater
quality at the background and down-gradient wells. Monitoring shall be
conducted through construction and the post-closure care period. The sampling
procedures and frequency shall be protective of public health, safety, and
welfare; the environment; and natural resources.

d. A detection monitoring program for all Appendix I
constituents. For purposes of this subdivision, the term "Appendix I"
means Appendix I to 40 C.F.R. Part 258, "Appendix I Constituents for
Detection Monitoring," including subsequent amendments and editions.

e. An assessment monitoring program and corrective
action plan if one or more of the constituents listed in Appendix I is detected
in exceedance of a groundwater protection standard.

(c) Siting for Structural Fill Facilities. - Coal
combustion products used as a structural fill shall not be placed:

(1) Within 50 feet of any property boundary.

(2) Within 300 horizontal feet of a private dwelling or
well.

(3) Within 50 horizontal feet of the top of the bank of
a perennial stream or other surface water body.

(4) Within four feet of the seasonal high groundwater
table.

(5) Within a 100-year floodplain except as authorized
under G.S. 143-215.54A(b). A site located in a floodplain shall not restrict
the flow of the 100-year flood, reduce the temporary water storage capacity of
the floodplain or result in washout of solid waste so as to pose a hazard to
human life, wildlife or land or water resources.

(6) Within 50 horizontal feet of a wetland, unless,
after consideration of the chemical and physical impact on the wetland, the
United States Army Corps of Engineers issues a permit or waiver for the fill. (2014-122, s. 3(a).)

(a) For projects involving placement of 8,000 or more
tons of coal combustion products per acre or 80,000 or more tons of coal
combustion products in total per project, the applicant for a permit or a
permit holder to construct or operate a structural fill shall establish
financial assurance that will ensure that sufficient funds are available for
facility closure, post-closure maintenance and monitoring, any corrective
action that the Department may require, and to satisfy any potential liability
for sudden and nonsudden accidental occurrences, and subsequent costs incurred
by the Department in response to an incident at a structural fill project, even
if the applicant or permit holder becomes insolvent or ceases to reside, be
incorporated, do business, or maintain assets in the State.

(b) To establish sufficient availability of funds
under this section, the applicant for a permit or a permit holder may use
insurance, financial tests, third-party guarantees by persons who can pass the
financial test, guarantees by corporate parents who can pass the financial
test, irrevocable letters of credit, trusts, surety bonds, or any other
financial device, or any combination of the foregoing shown to provide
protection equivalent to the financial protection that would be provided by
insurance if insurance were the only mechanism used.

(c) The applicant for a permit or a permit holder and
any parent, subsidiary, or other affiliate of the applicant, permit holder, or
parent, including any joint venturer with a direct or indirect interest in the
applicant, permit holder, or parent shall be a guarantor of payment for
closure, post-closure maintenance and monitoring, any corrective action that
the Department may require, and to satisfy any potential liability for sudden
and nonsudden accidental occurrences arising from the operation of the
hazardous waste facility.

(d) Assets used to meet the financial assurance
requirements of this section shall be in a form that will allow the Department
to readily access funds for the purposes set out in this section. Assets used
to meet financial assurance requirements of this section shall not be
accessible to the permit holder except as approved by the Department.

(e) The Department may provide a copy of any filing
that an applicant for a permit or a permit holder submits to the Department to
meet the financial responsibility requirements under this section to the State Treasurer.
The State Treasurer shall review the filing and provide the Department with a
written opinion as to the adequacy of the filing to meet the purposes of this
section, including any recommended changes.

(f) In order to continue to hold a permit for a
structural fill, a permit holder must maintain financial responsibility as
required by this Part and must provide any information requested by the
Department to establish that the permit holder continues to maintain financial
responsibility.

(g) An applicant for a permit or a permit holder shall
satisfy the Department that the applicant or permit holder has met the
financial responsibility requirements of this Part before the Department is
required to otherwise review the application. (2014-122,
s. 3(a).)

(1) No later than 30 working days or 60 calendar days,
whichever is less, after coal combustion product placement has ceased, the
final cover shall be applied over the coal combustion product placement area.

(2) The final surface of the structural fill shall be
graded and provided with drainage systems that do all of the following:

a. Minimize erosion of cover materials.

b. Promote drainage of area precipitation, minimize
infiltration, and prevent ponding of surface water on the structural fill.

(3) Other erosion control measures, such as temporary
mulching, seeding, or silt barriers shall be installed to ensure no visible
coal combustion product migration to adjacent properties until the beneficial
end use of the project is realized.

(4) The constructor or operator shall submit a
certification to the Department signed and sealed by a registered professional
engineer or signed by the Secretary of the Department of Transportation or the
Secretary's designee certifying that all requirements of this Subpart have been
met. The report shall be submitted within 30 days of application of the final
cover.

(b) Additional Closure and Post-Closure Requirements
for Large Structural Fill Projects. - For projects involving placement of 8,000
or more tons of coal combustion products per acre or 80,000 or more tons of
coal combustion products in total per project, a constructor or operator shall
conduct post-closure care. Post-closure care shall be conducted for 30 years,
which period may be increased by the Department upon a determination that a
longer period is necessary to protect public health, safety, and welfare; the
environment; and natural resources, or decreased upon a determination that a
shorter period is sufficient to protect public health, safety, and welfare; the
environment; and natural resources. Additional closure and post-closure
requirements include, at a minimum, all of the following:

(1) Submit a written closure plan that includes all of
the following:

a. A description of the cap liner system and the
methods and procedures used to install the cap that conforms to the requirement
in G.S. 130A-309.220(b).

b. An estimate of the largest area of the structural
fill project ever requiring the cap liner system at any time during the overall
construction period that is consistent with the drawings prepared for the
structural fill.

c. An estimate of the maximum inventory of coal
combustion products ever on-site over the construction duration of the
structural fill.

d. A schedule for completing all activities necessary
to satisfy the closure criteria set forth in this section.

(2) Submit a written post-closure plan that includes
all of the following:

a. A description of the monitoring and maintenance
activities required for the project and the frequency at which these activities
must be performed.

b. The name, address, and telephone number of the
person or office responsible for the project during the post-closure period.

c. A description of the planned uses of the property
during the post-closure period. Post-closure use of the property must not
disturb the integrity of the cap system, base liner system, or any other
components of the containment system or the function of the monitoring systems,
unless necessary to comply with the requirements of this subsection. The
Department may approve disturbance if the constructor or operator demonstrates
that disturbance of the cap system, base liner system, or other component of
the containment system will not increase the potential threat to public health,
safety, and welfare; the environment; and natural resources.

d. The cost estimate for post-closure activities
required under this section.

(3) Maintain the integrity and effectiveness of any cap
system, including repairing the system as necessary to correct the defects of
settlement, subsidence, erosion, or other events and preventing run-on and
runoff from eroding or otherwise damaging the cap system.

(4) Maintain and operate the leachate collection
system. The Department may allow the constructor or operator to stop managing
leachate upon a satisfactory demonstration that leachate from the project no
longer poses a threat to human health and the environment.

(5) Monitor and maintain the groundwater monitoring
system in accordance with G.S. 130A-309.220 and monitor the surface water in
accordance with 15A NCAC 13B .0602.

(c) Completion of Post-Closure Care. - Following
completion of the post-closure care period, the constructor or operator shall
submit a certification, signed by a registered professional engineer, to the
Department, verifying that post-closure care has been completed in accordance
with the post-closure plan, and include the certification in the operating
record. (2014-122, s. 3(a).)

(a) The owner of land where coal combustion products
have been used in volumes of more than 1,000 cubic yards shall file a statement
of the volume and locations of the coal combustion residuals with the Register
of Deeds in the county or counties where the property is located. The statement
shall identify the parcel of land according to the complete legal description
on the recorded deed, either by metes and bounds or by reference to a recorded
plat map. The statement shall be signed and acknowledged by the landowners in
the form prescribed by G.S. 47-38 through G.S. 47-43.

(b) Recordation shall be required within 90 days after
completion of a structural fill project using coal combustion residuals.

(c) The Register of Deeds, in accordance with G.S. 161-14,
shall record the notarized statement and index it in the Grantor Index under
the name of the owner of the land. The original notarized statement with the
Register's seal and the date, book, and page number of recording shall be
returned to the Department after recording.

(d) When property with more than 1,000 cubic yards of
coal combustion products is sold, leased, conveyed, or transferred in any
manner, the deed or other instrument of transfer shall contain in the
description section in no smaller type than used in the body of the deed or
instrument a statement that coal combustion products have been used as
structural fill material on the property. (2014-122,
s. 3(a).)

§ 130A-309.224. Department of Transportation projects.

The Department and the Department of Transportation may agree
on specific design, construction, siting, operation, and closure criteria that
may apply to the Department of Transportation structural fill projects. (2014-122, s. 3(a).)

No later than July 1, 2015, the Department shall prepare an
inventory of all structural fill projects with a volume of 10,000 cubic yards
or more. The Department shall update the structural fill project inventory at
least annually. The Department shall inspect each structural fill project with
a volume of 10,000 cubic yards or more at least annually to determine if the
project or facility has been constructed and operated in compliance with
Section .1700 of Subchapter B of Chapter 13 of Title 15A of the North Carolina
Administrative Code (Requirements for Beneficial Use of Coal Combustion By-Products)
and Section .1200 of Subchapter T of Chapter 2 of Title 15A of the North
Carolina Administrative Code (Coal Combustion Products Management), as
applicable. (2014-122, s. 3(a).)

§ 130A-309.226. Amendments required to rules.

Requirements under existing rules governing the use of coal
combustion products for structural fill that do not conflict with the
provisions of this Subpart shall continue to apply to such projects. The Environmental
Management Commission shall amend existing rules governing the use of coal
combustion products for structural fill as necessary to implement the
provisions of this Subpart. Such rules shall be exempt from the requirements of
G.S. 150B-19.3. (2014-122, s. 3(a).)

§130A-309.227: Reserved for
future codification purposes.

§130A-309.228: Reserved for
future codification purposes.

§130A-309.229: Reserved for
future codification purposes.

Subpart 4. Enforcement.

§ 130A-309.230. General enforcement.

Except as otherwise provided in this Subpart, the provisions
of this Part shall be enforced as provided in Article 1 of this Chapter. (2014-122, s. 3(a).)

§ 130A-309.231. Penalties for making false statements.

Any person who knowingly makes any false statement,
representation, or certification in any application, record, report, plan, or
other document filed or required to be maintained under this Part or a rule
implementing this Part shall be guilty of a Class 2 misdemeanor, which may
include a fine not to exceed ten thousand dollars ($10,000). (2014-122, s. 3(a).)

Part 3. Inactive Hazardous Sites.

§ 130A-310. Definitions.

Unless a different meaning is required by the context, the
following definitions shall apply throughout this Part:

(3) "Inactive hazardous substance or waste
disposal site" or "site" means any facility, as defined in
CERCLA/SARA. These sites do not include hazardous waste facilities permitted or
in interim status under this Article.

(4) "Operator" means the person responsible
for the overall operation of an inactive hazardous substance or waste disposal
site.

(5) "Owner" means any person who owns an
inactive hazardous substance or waste disposal site, or any part thereof.

(a) The Department shall develop and implement a
program for locating, cataloguing, and monitoring all inactive hazardous
substance or waste disposal sites in North Carolina. The Secretary shall
compile and maintain an inventory of all inactive hazardous substance or waste
disposal sites based on information submitted by owners, operators, and
responsible parties, and on data obtained directly by the Secretary. The
Secretary shall maintain records of any evidence of contamination to the air,
surface water, groundwater, surface or subsurface soils, or waste streams for
inventoried sites. The records shall include all available information on the
extent of any actual damage or potential danger to public health or to the
environment resulting from the contamination.

(b) The Commission shall develop and make available a
format and checklist for submission of data relevant to inactive hazardous
substance or waste disposal sites. Within 90 days of the date on which an
owner, operator, or responsible party knows or should know of the existence of
an inactive hazardous substance or waste disposal site, the owner, operator, or
responsible party shall submit to the Secretary all site data that is known or
readily available to the owner, operator, or responsible party. The owner,
operator, or responsible party shall certify under oath that, to the best of
his knowledge and belief, the data is complete and accurate.

(c) Whenever the Secretary determines that there is a
release, or substantial threat of a release, into the environment of a
hazardous substance from an inactive hazardous substance or waste disposal
site, the Secretary may, in addition to any other powers he may have, order any
responsible party to conduct any monitoring, testing, analysis, and reporting
that the Secretary deems reasonable and necessary to ascertain the nature and
extent of any hazard posed by the site. Written notice of any order issued
pursuant to this section shall be given to all persons subject to the order as
set out in G.S. 130A-310.3(c). The Secretary, prior to the entry of any order,
shall solicit the cooperation of the responsible party.

(d) If a person fails to submit data as required in
subsection (b) of this section or violates the requirements or schedules in an
order issued pursuant to subsection (c) of this section, the Secretary may
institute an action for injunctive relief, irrespective of all other remedies
at law, in the superior court of the county where the violation occurred or
where a defendant resides.

(e) Whenever a person ordered to take any action
pursuant to this section is unable or fails to do so, or if the Secretary,
after making a reasonable attempt, is unable to locate any responsible party,
the Secretary may take the action. The cost of any action by the Secretary
pursuant to this section may be paid from the Inactive Hazardous Sites Cleanup
Fund, subject to a later action for reimbursement pursuant to G.S. 130A-310.7.
The provisions of subdivisions (a)(1) to (a)(3) of G.S.130A-310.6 shall apply
to any action taken by the Secretary pursuant to this section.

(f) Upon reasonable notice, the Secretary may require
any person to furnish to the Secretary any information, document, or record in
that person's possession or under that person's control that relates to:

(1) The identification, nature, and quantity of
material that has been or is generated, treated, stored, or disposed of at an
inactive hazardous substance or waste disposal site or that is transported to
an inactive hazardous substance or waste disposal site.

(2) The nature and extent of a release or threatened
release of a hazardous substance or hazardous waste at or from an inactive
hazardous substance or waste disposal site.

(3) Information relating to the ability of a person to
pay for or to perform a cleanup.

(g) A person who is required to furnish any
information, document, or record under subsection (f) of this section shall
either allow the Secretary to inspect and copy all information, documents, and
records or shall copy and furnish to the Secretary all information, documents,
and records at the expense of the person.

(h) To collect information to administer this Part,
the Secretary may subpoena the attendance and testimony of witnesses and the
production of documents, records, reports, answers to questions, and any other
information that the Secretary deems necessary. Witnesses shall be paid the
same fees and mileage that are paid to witnesses in proceedings in the General
Court of Justice. In the event that a person fails to comply with a subpoena
issued under this subsection, the Secretary may seek enforcement of the
subpoena in the superior court in any county where the inactive hazardous
substance or waste disposal site is located, in the county where the person
resides, or in the county where the person has his or her principal place of
business.

(i) A person who owns or has control over an inactive
hazardous substance or waste disposal site shall grant the Secretary access to
the site at reasonable times. If a person fails to grant the Secretary access
to the site, the Secretary may obtain an administrative search and inspection
warrant as provided by G.S. 15-27.2. (1987, c. 574, s.
2; 1989, c. 286, s. 3; 1997-53, s. 1.)

§ 130A-310.2. Inactive Hazardous Waste Sites Priority List.

(a) No later than six months after July 1, 1987, the
Commission shall develop a system for the prioritization of inactive hazardous
substance or waste disposal sites based on the extent to which such sites
endanger the public health and the environment. The Secretary shall apply the
prioritization system to the inventory of sites to create and maintain an
Inactive Hazardous Waste Site Priority List, which shall rank all inactive
hazardous substance or waste disposal sites in decreasing order of danger. This
list shall identify the location of each site and the type and amount of
hazardous substances or waste known or believed to be located on the site. The
first such list shall be published within two years after July 1, 1987, with
subsequent lists to be published at intervals of not more than two years
thereafter. The Secretary shall notify owners, operators, and responsible
parties of sites listed on the Inactive Hazardous Waste Sites Priority List of
their ranking on the list. The Inactive Hazardous Sites Priority List shall be
used by the Department in determining budget requests and in allocating any
State appropriation which may be made for remedial action, but shall not be
used so as to impede any other action by the Department, or any remedial or other
action for which funds are available.

(a) The Secretary may issue a written declaration,
based upon findings of fact, that an inactive hazardous substance or waste
disposal site endangers the public health or the environment. After issuing
such a declaration, and at any time during which the declaration is in effect,
the Secretary shall be responsible for:

(2) Developing a plan for public notice and for
community and local government participation in any inactive hazardous
substance or waste disposal site remedial action program to be undertaken;

(3) Approving an inactive hazardous substance or waste
disposal site remedial action program for the site;

(4) Coordinating the inactive hazardous substance or
waste disposal site remedial action program for the site; and

(5) Ensuring that the hazardous substance or waste
disposal site remedial action program is completed.

(b) Where possible, the Secretary shall work
cooperatively with any owner, operator, responsible party, or any appropriate
agency of the State or federal government to develop and implement the inactive
hazardous substance or waste disposal site remedial action program. The
Secretary shall not take action under this section to the extent that the
Commission, the Commissioner of Agriculture, or the Pesticide Board has assumed
jurisdiction pursuant to Articles 21 or 21A of Chapter 143 of the General
Statutes.

(c) Whenever the Secretary has issued such a
declaration, and at any time during which the declaration is in effect, the
Secretary may, in addition to any other powers he may have, order any
responsible party:

(1) To develop an inactive hazardous substance or waste
disposal site remedial action program for the site subject to approval by the
Department, and

(2) To implement the program within reasonable time
limits specified in the order.

Written notice of such an order shall be provided to all persons
subject to the order personally or by certified mail. If given by certified
mail, notice shall be deemed to have been given on the date appearing in the
return of the receipt. If giving of notice cannot be accomplished either
personally or by certified mail, notice shall be given as provided in G.S. 1A-1,
Rule 4(j).

(d) In any inactive hazardous substance or waste
disposal site remedial action program implemented hereunder, the Secretary
shall ascertain the most nearly applicable cleanup standard as would be applied
under CERCLA/SARA, and may seek federal approval of any such program to insure
concurrent compliance with federal standards. State standards may exceed and be
more comprehensive than such federal standards. The Secretary shall assure
concurrent compliance with applicable standards set by the Commission.

(e) For any removal or remedial action conducted
entirely on-site under this Part, to the extent that a permit would not be
required under 42 U.S.C. § 9621(e) for a removal or remedial action conducted
entirely on-site under CERCLA/SARA, the Secretary may grant a waiver from any
State law or rule that requires that an environmental permit be obtained from
the Department. The Secretary shall not waive any requirement that a permit be
obtained unless either the removal or remedial action is being conducted
pursuant to G.S. 130A-310.3(c), 130A-310.5, or 130A-310.6, or the owner,
operator, or other responsible party has entered into an agreement with the
Secretary to implement a voluntary remedial action plan under G.S. 130A-310.9(b).
The Secretary shall invite public participation in the development of the
remedial action plan in the manner set out in G.S. 130A-310.4 prior to granting
a permit waiver, except for a removal or remedial action conducted pursuant to
G.S. 130A-310.5.

(f) In order to reduce or eliminate the danger to
public health or the environment posed by an inactive hazardous substance or
waste disposal site, an owner, operator, or other responsible party may impose
restrictions on the current or future use of the real property comprising any
part of the site if the restrictions meet the requirements of this subsection.
The restrictions must be agreed to by the owner of the real property, included
in a remedial action plan for the site that has been approved by the Secretary,
and implemented as a part of the remedial action program for the site. The
Secretary may approve restrictions included in a remedial action plan in
accordance with standards determined as provided in subsection (d) of this
section or pursuant to rules adopted under Chapter 150B of the General
Statutes. Restrictions may apply to activities on, over, or under the land,
including, but not limited to, use of groundwater, building, filling, grading,
excavating, and mining. Any approved restriction shall be enforced by any
owner, operator, or other party responsible for the inactive hazardous
substance or waste disposal site. Any land-use restriction may also be enforced
by the Department through the remedies provided in Part 2 of Article 1 of this
Chapter or by means of a civil action. The Department may enforce any land-use
restriction without first having exhausted any available administrative
remedies. A land-use restriction may also be enforced by any unit of local
government having jurisdiction over any part of the site. A land-use
restriction shall not be declared unenforceable due to lack of privity of
estate or contract, due to lack of benefit to particular land, or due to lack
of any property interest in particular land. Any person who owns or leases a
property subject to a land-use restriction under this Part shall abide by the
land-use restriction. (1987, c. 574, s. 2; 1989, c.
727, s. 145; 1991, c. 281, ss. 1, 2; 1997-394, s. 1; 2002-154, s. 2; 2014-122,
s. 11(f).)

§ 130A-310.4. Public participation in the development of the
remedial action plan.

(a) Within 10 days after the Secretary issues a
declaration pursuant to G.S. 130A-310.3, he shall notify in writing the local
board of health and the local health director having jurisdiction in the county
or counties in which an inactive hazardous substance or waste disposal site is
located that the site may endanger the public health or environment and that a
remedial action plan is being developed. The Secretary shall involve the local
health director in the development of the remedial action plan.

(b) Before approving any remedial action plan, the
Secretary shall make copies of the proposed plan available for inspection as
follows:

(1) A copy of the plan shall be provided to the local
health director.

(3) A copy of the plan shall be provided to the public
library located in closest proximity to the site in the county or counties in
which the site is located.

(4) The Secretary may place copies of the plan in other
locations so as to assure the availability thereof to the public.

In addition, copies of the plan shall be available for
inspection and copying at cost by the public during regular business hours in
the offices of the agency within the Department with responsibility for the
administration of the remedial action program.

(c) Before approving any remedial action plan, the
Secretary shall give notice of the proposed plan as follows:

(1) A notice and summary of the proposed plan shall be
published weekly for a period of three consecutive weeks in a newspaper having
general circulation in the county or counties where the site is located.

(2) Notice that a proposed remedial action plan has
been developed shall be given by first class mail to persons who have requested
such notice. Such notice shall state the locations where a copy of the remedial
action plan is available for inspection. The Department shall maintain a
mailing list of persons who request notice pursuant to this section.

(d) The Secretary may conduct a public meeting to
explain the proposed plan and alternatives to the public.

(e) At least 45 days from the latest date on which
notice is provided pursuant to subsection (c)(1) of this section shall be
allowed for the receipt of written comment on the proposed remedial action plan
prior to its approval. If a public hearing is held pursuant to subsection (f)
of this section, at least 20 days will be allowed for receipt of written
comment following the hearing prior to the approval of the remedial action
plan.

(f) If the Secretary determines that significant
public interest exists, he shall conduct a public hearing on the proposed plan
and alternatives. The Department shall give notice of the hearing at least 30
days prior to the date thereof by:

(1) Publication as provided in subdivision (c)(1) of
this section, with first publication to occur not less than 30 days prior to
the scheduled date of the hearing; and

(2) First class mail to persons who have requested
notice as provided in subdivision (c)(2) of this section.

(g) The Commission shall adopt rules prescribing the
form and content of the notices required by this section. The proposed remedial
action plan shall include a summary of all alternatives considered in the
development of the plan. A record shall be maintained of all comment received
by the Department regarding the remedial action plan. (1987,
c. 574, s. 2; 1997-28, s. 2; 2010-180, s. 3; 2014-122, s. 11(g).)

§ 130A-310.5. Authority of the Secretary with respect to
sites which pose an imminent hazard.

(a) An imminent hazard exists whenever the Secretary
determines, that there exists a condition caused by an inactive hazardous
substance or waste disposal site, including a release or a substantial threat
of a release into the environment of a hazardous substance from the site, which
is causing serious harm to the public health or environment, or which is likely
to cause such harm before a remedial action plan can be developed. Whenever
the Secretary determines that an imminent hazard exists he may, in addition to
any other powers he may have, without notice or hearing, order any known
responsible party to take immediately any action necessary to eliminate or
correct the condition, or the Secretary, in his discretion, may take such
action without issuing an order. Written notice of any order issued pursuant
to this section shall be provided to all persons subject to the order as set
out in G.S. 130A-310.3(c). Unless the time required to do so would increase
the harm to the public health or the environment, the Secretary shall solicit
the cooperation of responsible parties prior to the entry of any such order.
The provisions of subdivisions (1) to (3) of G.S. 130A-310.6(a) shall apply to
any action taken by the Secretary pursuant to this section, and any such action
shall be considered part of a remedial action program, the cost of which may be
recovered from any responsible party.

(b) If a person violates the requirements or schedules
in an order issued pursuant to this section, the Secretary may institute an
action for injunctive relief, irrespective of all other remedies at law, in the
superior court of the county where the violation occurred or where a defendant
resides.

§ 130A-310.6. State action upon default of responsible
parties or when no responsible party can be located.

(a) Whenever a person ordered to develop and implement
an inactive hazardous substance or waste disposal site remedial action program
is unable or fails to do so within the time specified in the order, the
Secretary may develop and implement or cause to be developed and implemented
such a program. The cost of developing and implementing a remedial action
program pursuant to this section may be paid from the Inactive Hazardous Sites
Cleanup Fund, subject to a later action for reimbursement pursuant to G.S. 130A-310.7.

(1) The Department is authorized and empowered to use
any staff, equipment or materials under its control or provided by other
cooperating federal, State or local agencies and to contract with any agent or
contractor it deems appropriate to develop and implement the remedial action
program. State agencies shall provide to the maximum extent feasible such
staff, equipment, and materials as may be available for developing and
implementing a remedial action program.

(2) Upon completion of any inactive hazardous substance
or waste disposal remedial action program, any State or local agency that has
provided personnel, equipment, or material shall deliver to the Department a
record of expenses incurred by the agency. The amount of the incurred expenses
shall be disbursed by the Secretary to each such agency. The Secretary shall
keep a record of all expenses incurred for the services of State personnel and
for the use of the State's equipment and material.

(3) As soon as feasible or after completion of any
inactive hazardous substance or waste disposal site remedial action program,
the Secretary shall prepare a statement of all expenses and costs of the
program expended by the State and issue an order demanding payment from
responsible parties. Written notice of such an order shall be provided to all
persons subject to the order personally or by certified mail. If given by
certified mail, notice shall be deemed to have been given on the date appearing
on the return of the receipt. If giving of notice cannot be accomplished either
personally or by certified mail, notice shall then be given as provided in G.S.
1A-1, Rule 4(j).

(b) If the Secretary, after declaring that an inactive
hazardous substance or waste disposal site may endanger the public health or the
environment, is unable, after making a reasonable attempt, to locate any
responsible party, the Department may develop and implement a remedial action
program for the site as provided in subsection (a)(1) and (2) of this section.
If responsible parties are subsequently located, the Secretary may issue an
order demanding payment from such persons in the manner set forth in
subdivision (a)(3) of this section for the necessary expenses incurred by the
Department for developing and implementing the remedial action program. If the
persons subject to such an order refuse to pay the sum expended, or fail to pay
such sum within the time specified in the order, the Secretary shall bring an
action in the manner set forth in G.S. 130A-310.7.

(c) The Secretary shall use funds allocated to the
Department under G.S. 130A-295.9(1) to assess pre-1983 landfills, to determine
the priority for remediation of pre-1983 landfills, and to develop and
implement a remedial action plan for each pre-1983 landfill that requires remediation.
Environmental and human health risks posed by a pre-1983 landfill may be
mitigated using a risk-based approach for assessment and remediation.

(d) The Secretary shall not seek cost recovery from a
unit of local government for assessment and remedial action performed under
subsection (c) of this section at a pre-1983 landfill. The Secretary shall not
seek cost recovery for assessment and remedial action performed under
subsection (c) of this section at a pre-1983 landfill from any other
potentially responsible party if the Secretary develops and implements a
remedial action plan for that pre-1983 landfill. If any potentially responsible
party fails to cooperate with assessment of a site and implementation of
control and mitigation measures at any site which the potentially responsible
party owns or over which the potentially responsible party exercises control
through a lease or other property interest, the Secretary may seek cost
recovery for assessment and remedial action. Cooperation with assessment of a
site and implementation of control and mitigation measures includes, but is not
limited to, granting access to the site, allowing installation of monitoring
wells, allowing installation and maintenance of improvements to the landfill
cap, allowing installation of security measures, agreeing to record and
implement land-use restrictions, and providing access to any records regarding
the pre-1983 landfill. Nothing in this section shall alter any right, duty,
obligation, or liability between a unit of local government and a third party.
Nothing in this section shall alter any right, duty, obligation, or liability
between any other potentially responsible party and a unit of local government,
a third party, or, except as provided in this subsection, to the State.

(e) The Secretary shall develop and implement remedial
action plans for pre-1983 landfills in the order of their priority determined
as provided in subsection (c) of this section. The Secretary shall not develop
or implement a remedial action plan for a pre-1983 landfill unless the
Secretary determines that sufficient funds will be available from the Inactive
Hazardous Sites Cleanup Fund to pay the costs of development and implementation
of a remedial action plan for that pre-1983 landfill.

(f) A unit of local government that voluntarily
undertakes assessment or remediation of a pre-1983 landfill may request that
the Department reimburse the costs of assessment of the pre-1983 landfill and
implementation of measures necessary to remediate the site to eliminate an
imminent hazard. The Department shall provide reimbursement under this
subsection if the Department finds all of the following:

(1) The unit of local government undertakes assessment
and remediation under a plan approved by the Department.

(2) The unit of local government provides a certified
accounting of costs incurred for assessment and remediation.

(3) Each contract for assessment and remediation
complies with the requirements of Articles 3D and 8 of Chapter 143 of the
General Statutes.

(4) Remedial action is limited to measures necessary to
abate the imminent hazard.

(g) The Department may undertake any additional action
necessary to remediate a pre-1983 landfill based on the priority ranking of the
site under subsection (c) of this section. (1987, c.
574, s. 2; 1989, c. 286, s. 5; 2007-550, s. 14(c).)

(a) Notwithstanding any other provision or rule of
law, and subject only to the defenses set forth in this subsection, any person
who:

(1) Discharges or deposits; or

(2) Contracts or arranges for any discharge or deposit;
or

(3) Accepts for discharge or deposit; or

(4) Transports or arranges for transport for the
purpose of discharge or deposit

any hazardous substance, the result of which discharge or
deposit is the existence of an inactive hazardous substance or waste disposal
site, shall be considered a responsible party. Neither an innocent landowner
who is a bona fide purchaser of the inactive hazardous substance or waste
disposal site without knowledge or without a reasonable basis for knowing that
hazardous substance or waste disposal had occurred nor a person whose interest
or ownership in the inactive hazardous substance or waste disposal site is
based on or derived from a security interest in the property shall be
considered a responsible party. A responsible party shall be directly liable to
the State for any or all of the reasonably necessary expenses of developing and
implementing a remedial action program for such site. The Secretary shall bring
an action for reimbursement of the Inactive Hazardous Sites Cleanup Fund in the
name of the State in the superior court of the county in which the site is
located to recover such sum and the cost of bringing the action. The State must
show that a danger to the public health or the environment existed and that the
State complied with the provisions of this Part.

(b) There shall be no liability under this section for
a person who can establish by a preponderance of the evidence that the danger
to the public health or the environment caused by the site was caused solely
by:

(1) An act of God; or

(2) An act of war; or

(3) An intentional act or omission of a third party
(but this defense shall not be available if the act or omission is that of an
employee or agent of the defendant, or if the act or omission occurs in
connection with a contractual relationship with the defendant); or

(4) Any combination of the above causes.

(c) The definitions set out in G.S. 130A-310.31(b)
apply to this subsection. Any person may submit a written request to the
Department for a determination that a site that is subject to this Part has
been remediated to unrestricted use standards as provided in Part 5 of Article
9 of Chapter 130A of the General Statutes. A request for a determination that a
site has been remediated to unrestricted use standards shall be accompanied by
the fee required by G.S. 130A-310.39(a)(2). If the Department determines that
the site has been remediated to unrestricted use standards, the Department
shall issue a written notification that no further remediation will be required
at the site. The notification shall state that no further remediation will be
required at the site unless the Department later determines, based on new
information or information not previously provided to the Department, that the
site has not been remediated to unrestricted use standards or that the
Department was provided with false or incomplete information. Under any of
those circumstances, the Department may withdraw the notification and require
responsible parties to remediate the site to unrestricted use standards. (1987, c. 574, s. 2; 1989, c. 286, s. 6; 1989 (Reg. Sess.,
1990), c. 1004, s. 10; c. 1024, s. 30(b); 1997-357, s. 5; 2001-384, s. 11.)

(a) After determination by the Department of the
existence and location of an inactive hazardous substance or waste disposal
site, the owner of the real property on which the site is located, within 180
days after official notice to the owner to do so, shall submit to the
Department a survey plat of areas designated by the Department that has been
prepared and certified by a professional land surveyor, and entitled
"NOTICE OF INACTIVE HAZARDOUS SUBSTANCE OR WASTE DISPOSAL SITE".
Where an inactive hazardous substance or waste disposal site is located on more
than one parcel or tract of land, a composite map or plat showing all parcels
or tracts may be recorded. The Notice shall include a legal description of the
site that would be sufficient as a description in an instrument of conveyance,
shall meet the requirements of G.S. 47-30 for maps and plats, and shall
identify:

(1) The location and dimensions of the disposal areas
and areas of potential environmental concern with respect to permanently
surveyed benchmarks.

(2) The type, location, and quantity of hazardous
substances known by the owner of the site to exist on the site.

(3) Any restrictions approved by the Department on the
current or future use of the site.

(b) After the Department approves and certifies the
Notice, the owner of the site shall file the certified copy of the Notice in
the register of deeds' office in the county or counties in which the land is
located within 15 days of the date on which the owner receives approval of the
Notice from the Department.

(d) In the event that the owner of the site fails to
submit and file the Notice required by this section within the time specified,
the Secretary may prepare and file such Notice. The costs thereof may be
recovered by the Secretary from any responsible party. In the event that an
owner of a site who is not a responsible party submits and files the Notice
required by this section, he may recover the reasonable costs thereof from any
responsible party.

(e) When an inactive hazardous substance or waste
disposal site is sold, leased, conveyed, or transferred, the deed or other
instrument of transfer shall contain in the description section, in no smaller
type than that used in the body of the deed or instrument, a statement that the
property has been used as a hazardous substance or waste disposal site and a
reference by book and page to the recordation of the Notice.

(f) A Notice of Inactive Hazardous Substance or Waste
Disposal Site filed pursuant to this section may, at the request of the owner
of the land, be cancelled by the Secretary after the hazards have been
eliminated. If requested in writing by the owner of the land and if the
Secretary concurs with the request, the Secretary shall send to the register of
deeds of each county where the Notice is recorded a statement that the hazards
have been eliminated and request that the Notice be cancelled of record. The
Secretary's statement shall contain the names of the owners of the land as
shown in the Notice and reference the plat book and page where the Notice is
recorded.

(g) Recordation under this section is not required for
any inactive hazardous substance or waste disposal site that is undergoing
voluntary remedial action pursuant to this Part unless the Secretary determines
that either:

(1) A concentration of a hazardous substance or
hazardous waste that poses a danger to public health or the environment will
remain following implementation of the voluntary remedial action program.

(2) The voluntary remedial action program is not being
implemented in a manner satisfactory to the Secretary and in compliance with
the agreement between the Secretary and the owner, operator, or other
responsible party.

(h) The Secretary may waive recordation under this
section with respect to any residential real property that is contaminated
solely because a hazardous substance or hazardous waste migrated to the
property from other property by means of groundwater flow if disclosure of the
contamination is required under Chapter 47E of the General Statutes. An owner
of residential real property whose recordation requirement is waived by the
Secretary under this subsection and who fails to disclose contamination as
required by Chapter 47E of the General Statutes is subject to both the
penalties and remedies under this Chapter applicable to a person who fails to
comply with the recordation requirements of this section as though those
requirements had not been waived and to the remedies available under Chapter
47E of the General Statutes. (1987, c. 574, s. 2;
1989, c. 727, s. 219(34); 1989 (Reg. Sess., 1990), c. 1004, s. 19(b); 1997-394,
s. 2; 1997-443, ss. 11A.119(a), (b); 1997-528, s. 1; 2012-18, s. 1.18.)

(a) No one owner, operator, or other responsible party
who voluntarily participates in the implementation of a remedial action program
under G.S. 130A-310.3 or G.S. 130A-310.5 may be required to pay in excess of
five million dollars ($5,000,000) for the cost of implementing a remedial
action program at a single inactive hazardous substance or waste disposal site.
The owner, operator, or other responsible party who voluntarily participates in
the implementation of a remedial action program under G.S. 130A-310.3 or G.S.
130A-310.5 shall be required to pay in addition to the cost of implementing the
remedial action program a fee of one thousand dollars ($1,000) to be used for
the Department's cost of monitoring and enforcing the remedial action program.
The limitation of liability contained in this subsection applies to the cost of
implementing the program and to the fee under this subsection. The limitation
of liability contained in this subsection does not apply to the cost of
developing the remedial action plan.

(b) The Secretary may enter into an agreement with an
owner, operator, or other responsible party that provides for implementation of
a voluntary remedial action program in accordance with a remedial action plan
approved by the Department. Investigations, evaluations, and voluntary remedial
actions are subject to the provisions of G.S. 130A-310.1(c), 130A-310.1(d),
130A-310.3(d), 130A-310.3(f), 130A-310.5, 130A-310.8, and any other requirement
imposed by the Department. A voluntary remedial action and all documents that
relate to the voluntary remedial action shall be fully subject to inspection
and audit by the Department. At least 30 days prior to entering into any
agreement providing for the implementation of a voluntary remedial action
program, the Secretary shall mail notice of the proposed agreement as provided
in G.S. 130A-310.4(c)(2). Sites undergoing voluntary remedial actions shall be
so identified as a separate category in the inventory of sites maintained
pursuant to G.S. 130A-310.1 but shall not be included on the Inactive Hazardous
Waste Sites Priority List required by G.S. 130A-310.2.

(c) The Department may approve a private environmental
consulting and engineering firm to implement and oversee a voluntary remedial
action by an owner, operator, or other responsible party. An owner, operator,
or other responsible party who enters into an agreement with the Secretary to
implement a voluntary remedial action may hire a private environmental
consulting or engineering firm approved by the Department to implement and
oversee the voluntary remedial action. A voluntary remedial action that is
implemented and overseen by a private environmental consulting or engineering
firm shall be implemented in accordance with all federal and State laws,
regulations, and rules that apply to remedial actions generally and is subject
to rules adopted pursuant to G.S. 130A-310.12(b). The Department may revoke its
approval of the oversight of a voluntary remedial action by a private
environmental consulting or engineering firm and assume direct oversight of the
voluntary remedial action whenever it appears to the Department that the
voluntary remedial action is not being properly implemented or is not being
adequately overseen. The Department may require the owner, operator, other
responsible party, or private environmental consulting or engineering firm to
take any action necessary to bring the voluntary remedial action into
compliance with applicable requirements. (1987, c.
574, s. 2; 1989, c. 286, s. 7; 1993 (Reg. Sess., 1994), c. 598, s. 1; 1995, c.
327, s. 2; 1997-394, s. 3; 2007-107, s. 1.1(g); 2009-451, s. 13.3C(a).)

§ 130A-310.10. Annual reports.

(a) The Secretary shall report on inactive hazardous
sites to the Joint Legislative Commission on Governmental Operations, the
Environmental Review Commission, and the Fiscal Research Division on or before
October 1 of each year. The report shall include at least the following:

(3) A comprehensive budget to implement these remedial
action plans and the adequacy of the Inactive Hazardous Sites Cleanup Fund to
fund the cost of said plans.

(4) A prioritized list of sites that are eligible for
remedial action under CERCLA/SARA together with recommended remedial action
plans and a comprehensive budget to implement such plans. The budget for
implementing a remedial action plan under CERCLA/SARA shall include a statement
as to any appropriation that may be necessary to pay the State's share of such
plan.

(6) A list of sites and remedial action plans that may
require State funding, a comprehensive budget if implementation of these
possible remedial action plans is required, and the adequacy of the Inactive
Hazardous Sites Cleanup Fund to fund the possible costs of said plans.

(7) A list of sites that pose an imminent hazard.

(8) A comprehensive budget to develop and implement
remedial action plans for sites that pose imminent hazards and that may require
State funding, and the adequacy of the Inactive Hazardous Sites Cleanup Fund.

(8a) The amounts and sources of funds collected by year
received under G.S. 130A-310.76, the amounts and sources of those funds paid
into the Inactive Hazardous Sites Cleanup Fund established pursuant to G.S.
130A-310.11, the number of acres of contamination for which funds have been
received pursuant to G.S. 130A-310.76, and a detailed annual accounting of how
the funds collected pursuant to G.S. 130A-310.76 have been utilized by the
Department to advance the purposes of Part 8 of Article 9 of Chapter 130A of
the General Statutes.

(9) Any other information requested by the General
Assembly or the Environmental Review Commission.

(a1) On or before October 1 of each year, the Department
shall report to each member of the General Assembly who has an inactive
hazardous substance or waste disposal site in the member's district. This
report shall include the location of each inactive hazardous substance or waste
disposal site in the member's district, the type and amount of hazardous
substances or waste known or believed to be located on each of these sites, the
last action taken at each of these sites, and the date of that last action.

(a) There is established under the control and
direction of the Department the Inactive Hazardous Sites Cleanup Fund. This
fund shall be a revolving fund consisting of any monies appropriated for such
purpose by the General Assembly or available to it from grants, taxes, and
other monies paid to it or recovered by or on behalf of the Department. The
Inactive Hazardous Sites Cleanup Fund shall be treated as a nonreverting
special trust fund pursuant to G.S. 147-69.2 and G.S. 147-69.3, except that
interest and other income received on the Fund balance shall be treated as set
forth in G.S. 147-69.1(d).

(a) The provisions of Chapter 150B of the General
Statutes apply to this Part. The Commission shall adopt rules for the
implementation of this Part.

(b) The Commission shall adopt rules governing the
selection and use of private environmental consulting and engineering firms to
implement and oversee voluntary remedial actions by owners, operators, or other
responsible parties under G.S. 130A-310.9(c). Rules adopted under this
subsection shall specify:

(3) Requirements and procedures under which the
Department monitors and audits a voluntary remedial action to ensure that the
voluntary remedial action complies with applicable federal and State law,
regulations, and under which the owner, operator, or other responsible party
reimburses the Department for the cost of monitoring and auditing the voluntary
remedial action.

(4) Any financial assurances that may be required of an
owner, operator, or other responsible party.

(5) Requirements for the preparation, maintenance, and
public availability of work plans and records, reports of data collection
including sampling, sample analysis, and other site testing, and other records
and reports that are consistent with the requirements applicable to remedial
actions generally. (1987, c. 574, ss. 2, 5; 1993 (Reg.
Sess., 1994), c. 598, s. 2; 1995, c. 327, s. 3.)

§ 130A-310.13. Short title.

This Part shall be known and may be cited as the Inactive
Hazardous Sites Response Act of 1987. (1991, c. 281,
s. 3)

§ 130A-310.14. Reserved for future codification purposes.

§ 130A-310.15. Reserved for future codification purposes.

§ 130A-310.16. Reserved for future codification purposes.

§ 130A-310.17. Reserved for future codification purposes.

§ 130A-310.18. Reserved for future codification purposes.

§ 130A-310.19. Reserved for future codification purposes.

Part 4. Superfund Program.

§ 130A-310.20. Definitions.

Unless a different meaning is required by the context, the
following definitions shall apply throughout this Part:

The Department shall maintain an appropriate administrative
subunit within the solid waste management unit authorized by G.S. 130A-291 to
carry out those activities in which the State is authorized to engage under
CERCLA/SARA. (1989, c. 286, s. 10.)

§ 130A-310.22. Contracts authorized.

(a) The Department is authorized to enter into
contracts and cooperative agreements with the United States and to engage in
any activity otherwise authorized by law to identify, investigate, evaluate,
and clean up any site or facility covered by CERCLA/SARA including but not
limited to performing preliminary assessments, site investigations, remedial
investigations, and feasibility studies; preparation of records of decision;
conducting emergency response, remedial, and removal actions; and engaging in enforcement
activities in accordance with the provisions of CERCLA/SARA.

(b) The Department may make all assurances required by
federal law or regulation including but not limited to assuring that the State
will assume responsibility for the operation and maintenance of any remedial
action for the anticipated duration of the remedial action; assuring that the
State will provide its share of the cost of any remedial action at a site or
facility which was privately owned or operated; assuring that the State will
provide its share of the cost of any removal, remedial planning, and remedial
action at a site or facility owned or operated by the State or a political
subdivision of the State; assuring the availability of off-site treatment,
storage, or disposal capacity needed to effectuate a remedial action; assuring
that the State will take title to, acquire an interest in, or accept transfer
of any interest in real property needed to effectuate a remedial action;
assuring that the State has adequate capacity to meet the assurances required
by CERCLA/SARA (42 U.S.C. § 9604(c)(9)); assuring access to the facility and
any adjacent property including the securing of any right-of-way or easement
needed to effectuate a remedial action; and assuring that the State will satisfy
all federal, State, and local requirements for permits and approvals necessary
to effectuate a remedial action.

(c) Each contract entered into by the Department under
this section shall stipulate that all obligations of the State are subject to
the availability of funds. Neither this section nor any contract entered into
under authority of this section shall be construed to obligate the General
Assembly to make any appropriation to implement this Part or any contract
entered into under this section. The Department shall implement this Part and
any contract entered into under this section from funds otherwise available or
appropriated to the Department for such purpose. (1989,
c. 286, s. 10; 1989 (Reg. Sess., 1990), c. 1004, s. 11, c. 1024, s. 30(c).)

This Part may be cited as The Brownfields Property Reuse Act
of 1997. (1997-357, s. 2.)

§ 130A-310.31. Definitions.

(a) Unless a different meaning is required by the
context or unless a different meaning is set out in subsection (b) of this
section, the definitions in G.S. 130A-2 and G.S. 130A-310 apply throughout this
Part.

(b) Unless a different meaning is required by the
context:

(1) "Affiliate" has the same meaning as in 17
Code of Federal Regulations § 240.12b-2 (1 April 1996 Edition).

(2) "Brownfields agreement" means an
agreement between the Department and a prospective developer that meets the
requirements of G.S. 130A-310.32.

(3) "Brownfields property" or
"brownfields site" means abandoned, idled, or underused property at
which expansion or redevelopment is hindered by actual environmental
contamination or the possibility of environmental contamination and that is or
may be subject to remediation under any State remedial program or that is or
may be subject to remediation under the Comprehensive Environmental Response,
Compensation and Liability Act of 1980, as amended (42 U.S.C. § 9601, et seq.)
except for a site listed on the National Priorities List pursuant to 42 U.S.C.
§ 9605.

(4) "Contaminant" means a regulated substance
released into the environment.

(5) "Unrestricted use standards" when used in
connection with "cleanup", "remediated", or
"remediation" means contaminant concentrations for each environmental
medium that are considered acceptable for all uses and that comply with
generally applicable standards, guidance, or established methods governing the
contaminants that are established by statute or adopted, published, or
implemented by the Commission or the Department instead of the site-specific
contaminant levels established pursuant to this Part.

(6) "Environmental contamination" means
contaminants at the property requiring remediation and that are to be
remediated under the brownfields agreement including, at a minimum, hazardous
waste, as defined in G.S. 130A-290; a hazardous substance, as defined in G.S.
130A-310; a hazardous substance, as defined in G.S. 143-215.77; or oil, as
defined in G.S. 143-215.77.

(7) "Local government" means a town, city, or
county.

(8) "Parent" has the same meaning as in 17
Code of Federal Regulations § 240.12b-2 (1 April 1996 Edition).

(9) "Potentially responsible party" means a
person who is or may be liable for remediation under a remedial program.

(10) "Prospective developer" means any person
with a bona fide, demonstrable desire to either buy or sell a brownfields
property for the purpose of developing or redeveloping that brownfields
property and who did not cause or contribute to the contamination at the
brownfields property.

(11) "Regulated substance" means a hazardous
waste, as defined in G.S 130A-290; a hazardous substance, as defined in G.S.
143-215.77A; oil, as defined in G.S. 143-215.77; or other substance regulated
under any remedial program implemented by the Department.

(12) "Remedial program" means a program
implemented by the Department for the remediation of any contaminant, including
the Inactive Hazardous Sites Response Act of 1987 under Part 3 of this Article,
the Superfund Program under Part 4 of this Article, and the Oil Pollution and
Hazardous Substances Control Act of 1978 under Part 2 of Article 21A of Chapter
143 of the General Statutes.

(13) "Remediation" means action to clean up,
mitigate, correct, abate, minimize, eliminate, control, or prevent the
spreading, migration, leaking, leaching, volatilization, spilling, transport,
or further release of a contaminant into the environment in order to protect
public health or the environment.

(a) The Department may, in its discretion, enter into
a brownfields agreement with a prospective developer who satisfies the
requirements of this section. A prospective developer shall provide the
Department with any information necessary to demonstrate that:

(1) The prospective developer, and any parent,
subsidiary, or other affiliate of the prospective developer has substantially
complied with:

a. The terms of any brownfields agreement or similar
agreement to which the prospective developer or any parent, subsidiary, or
other affiliate of the prospective developer has been a party.

b. The requirements applicable to any remediation in
which the applicant has previously engaged.

c. Federal and state laws, regulations, and rules for
the protection of the environment.

(2) As a result of the implementation of the
brownfields agreement, the brownfields property will be suitable for the uses
specified in the agreement while fully protecting public health and the
environment instead of being remediated to unrestricted use standards.

(3) There is a public benefit commensurate with the
liability protection provided under this Part.

(4) The prospective developer has or can obtain the
financial, managerial, and technical means to fully implement the brownfields
agreement and assure the safe use of the brownfields property.

(5) The prospective developer has complied with or will
comply with all applicable procedural requirements.

(b) In negotiating a brownfields agreement, parties
may rely on land-use restrictions that will be included in a Notice of
Brownfields Property required under G.S. 130A-310.35. A brownfields agreement
may provide for remediation standards that are based on those land-use
restrictions.

(c) A brownfields agreement shall contain a
description of the brownfields property that would be sufficient as a
description of the property in an instrument of conveyance and, as applicable,
a statement of:

(1) Any remediation to be conducted on the property,
including:

a. A description of specific areas where remediation
is to be conducted.

b. The remediation method or methods to be employed.

c. The resources that the prospective developer will
make available.

d. A schedule of remediation activities.

e. Applicable remediation standards.

f. A schedule and the method or methods for
evaluating the remediation.

(2) Any land-use restrictions that will apply to the
brownfields property.

(3) The desired results of any remediation or land-use
restrictions with respect to the brownfields property.

(4) The guidelines, including parameters, principles,
and policies within which the desired results are to be accomplished.

(5) The consequences of achieving or not achieving the
desired results.

(d) Any failure of the prospective developer or the
prospective developer's agents and employees to comply with the brownfields
agreement constitutes a violation of this Part by the prospective developer. (1997-357, s. 2; 2001-384, s. 11.)

§ 130A-310.33. Liability protection.

(a) A prospective developer who enters into a
brownfields agreement with the Department and who is complying with the
brownfields agreement shall not be held liable for remediation of areas of
contaminants identified in the brownfields agreement except as specified in the
brownfields agreement, so long as the activities conducted on the brownfields
property by or under the control or direction of the prospective developer do
not increase the risk of harm to public health or the environment and the
prospective developer is not required to undertake additional remediation to
unrestricted use standards pursuant to subsection (c) of this section. The
liability protection provided under this Part applies to all of the following
persons to the same extent as to a prospective developer, so long as these
persons are not otherwise potentially responsible parties or parents,
subsidiaries, or affiliates of potentially responsible parties and the person
is not required to undertake additional remediation to unrestricted use
standards pursuant to subsection (c) of this section:

(1) Any person under the direction or control of the
prospective developer who directs or contracts for remediation or redevelopment
of the brownfields property.

(2) Any future owner of the brownfields property.

(3) A person who develops or occupies the brownfields
property.

(4) A successor or assign of any person to whom the
liability protection provided under this Part applies.

(5) Any lender or fiduciary that provides financing for
remediation or redevelopment of the brownfields property.

(b) A person who conducts an environmental assessment
or transaction screen on a brownfields property and who is not otherwise a
potentially responsible party is not a potentially responsible party as a
result of conducting the environmental assessment or transaction screen unless
that person increases the risk of harm to public health or the environment by
failing to exercise due diligence and reasonable care in performing the
environmental assessment or transaction screen.

(c) If a land-use restriction set out in the Notice of
Brownfields Property required under G.S. 130A-310.35 is violated, the owner of
the brownfields property at the time the land-use restriction is violated, the
owner's successors and assigns, and the owner's agents who direct or contract
for alteration of the brownfields property in violation of a land-use
restriction shall be liable for remediation to unrestricted use standards. A
prospective developer who completes the remediation or redevelopment required
under a brownfields agreement or other person who receives liability protection
under this Part shall not be required to undertake additional remediation at
the brownfields property unless any of the following apply:

(1) The prospective developer knowingly or recklessly
provides false information that forms a basis for the brownfields agreement or
that is offered to demonstrate compliance with the brownfields agreement or
fails to disclose relevant information about contamination at the brownfields
property.

(2) New information indicates the existence of
previously unreported contaminants or an area of previously unreported
contamination on or associated with the brownfields property that has not been
remediated to unrestricted use standards, unless the brownfields agreement is
amended to include any previously unreported contaminants and any additional
areas of contamination. If the brownfields agreement sets maximum
concentrations for contaminants, and new information indicates the existence of
previously unreported areas of these contaminants, further remediation shall be
required only if the areas of previously unreported contaminants raise the risk
of the contamination to public health or the environment to a level less
protective of public health and the environment than that required by the
brownfields agreement.

(3) The level of risk to public health or the
environment from contaminants is unacceptable at or in the vicinity of the
brownfields property due to changes in exposure conditions, including (i) a
change in land use that increases the probability of exposure to contaminants
or in the vicinity of the brownfields property or (ii) the failure of
remediation to mitigate risks to the extent required to make the brownfields
property fully protective of public health and the environment as planned in
the brownfields agreement.

(4) The Department obtains new information about a
contaminant associated with the brownfields property or exposures at or around
the brownfields property that raises the risk to public health or the
environment associated with the brownfields property beyond an acceptable range
and in a manner or to a degree not anticipated in the brownfields agreement.
Any person whose use, including any change in use, of the brownfields property
causes an unacceptable risk to public health or the environment may be required
by the Department to undertake additional remediation measures under the
provisions of this Part.

(5) A prospective developer fails to file a timely and
proper Notice of Brownfields Development under this Part. (1997-357, s. 2; 2001-384, s. 11.)

§ 130A-310.34. Public notice and community involvement.

(a) A prospective developer who desires to enter into
a brownfields agreement shall notify the public and the community in which the
brownfields property is located of planned remediation and redevelopment
activities. The prospective developer shall submit a Notice of Intent to
Redevelop a Brownfields Property and a summary of the Notice of Intent to the
Department. The Notice of Intent shall provide, to the extent known, a legal
description of the location of the brownfields property, a map showing the location
of the brownfields property, a description of the contaminants involved and
their concentrations in the media of the brownfields property, a description of
the intended future use of the brownfields property, any proposed investigation
and remediation, and a proposed Notice of Brownfields Property prepared in
accordance with G.S. 130A-310.35. Both the Notice of Intent and the summary of
the Notice of Intent shall state the time period and means for submitting
written comment and for requesting a public meeting on the proposed brownfields
agreement. The summary of the Notice of Intent shall include a statement as to
the public availability of the full Notice of Intent. After approval of the
Notice of Intent and summary of the Notice of Intent by the Department, the
prospective developer shall provide a copy of the Notice of Intent to all local
governments having jurisdiction over the brownfields property. The prospective
developer shall publish the summary of the Notice of Intent in a newspaper of
general circulation serving the area in which the brownfields property is
located. The prospective developer shall conspicuously post a copy of the
summary of the Notice of Intent at the brownfields property, and the
prospective developer shall mail or deliver a copy of the summary to each owner
of property contiguous to the brownfields property. The prospective developer
shall submit documentation of the public notices to the Department prior to the
Department entering into a brownfields agreement.

(b) Publication of the approved summary of the Notice
of Intent in a newspaper of general circulation, posting the summary at the
brownfields property, and mailing or delivering the summary to each owner of
property contiguous to the brownfields property shall begin a public comment
period of at least 30 days from the latest date of publication, posting, and
mailing or delivering. During the public comment period, members of the public,
residents of the community in which the brownfields property is located, and
local governments having jurisdiction over the brownfields property may submit
comment on the proposed brownfields agreement, including methods and degree of
remediation, future land uses, and impact on local employment.

(c) Any person who desires a public meeting on a
proposed brownfields agreement shall submit a written request for a public
meeting to the Department within 21 days after the public comment period
begins. The Department shall consider all requests for a public meeting and
shall hold a public meeting if the Department determines that there is
significant public interest in the proposed brownfields agreement. If the
Department decides to hold a public meeting, the Department shall, at least 15
days prior to the public meeting, mail written notice of the public meeting to
all persons who requested the public meeting and to each owner of property
contiguous to the brownfields property. The Department shall also direct the
prospective developer to publish, at least 15 days prior to the date of the public
meeting, a notice of the public meeting at least one time in a newspaper having
general circulation in such county where the brownfields property is located.
In any county in which there is more than one newspaper having general
circulation, the Department shall direct the prospective developer to publish a
copy of the notice in as many newspapers having general circulation in the
county as the Department in its discretion determines to be necessary to assure
that the notice is generally available throughout the county. The Department
shall prescribe the form and content of the notice to be published. The
Department shall prescribe the procedures to be followed in the public meeting.
The Department shall take detailed minutes of the meeting. The minutes shall
include any written comments, exhibits, or documents presented at the meeting.

(d) Prior to entering into a brownfields agreement, the
Department shall take into account the comment received during the comment
period and at the public meeting if the Department holds a public meeting. The
Department shall incorporate into the brownfields agreement provisions that
reflect comment received during the comment period and at the public meeting to
the extent practical. The Department shall give particular consideration to
written comment that is supported by valid scientific and technical information
and analysis and to written comment from the units of local government that
have taxing jurisdiction over the brownfields property. (1997-357, s. 2; 2000-158, s. 2; 2006-71, ss. 4, 5; 2009-181,
s. 1.)

(a) In order to reduce or eliminate the danger to
public health or the environment posed by a brownfields property being
addressed under this Part, a prospective developer who desires to enter into a
brownfields agreement with the Department shall submit to the Department a
proposed Notice of Brownfields Property. A Notice of Brownfields Property shall
be entitled "Notice of Brownfields Property", shall include a survey
plat of areas designated by the Department that has been prepared and certified
by a professional land surveyor and that meets the requirements of G.S. 47-30,
shall include a legal description of the brownfields property that would be
sufficient as a description of the property in an instrument of conveyance, and
shall identify all of the following:

(1) The location and dimensions of the areas of
potential environmental concern with respect to permanently surveyed
benchmarks.

(2) The type, location, and quantity of regulated
substances and contaminants known to exist on the brownfields property.

(3) Any restrictions on the current or future use of
the brownfields property or, with the owner's permission, other property that
are necessary or useful to maintain the level of protection appropriate for the
designated current or future use of the brownfields property and that are
designated in the brownfields agreement. These land-use restrictions may apply
to activities on, over, or under the land, including, but not limited to, use
of groundwater, building, filling, grading, excavating, and mining. Where a
brownfields property encompasses more than one parcel or tract of land, a
composite map or plat showing all parcels or tracts may be recorded.

(b) After the Department approves and certifies the
Notice of Brownfields Property under subsection (a) of this section, a
prospective developer who enters into a brownfields agreement with the
Department shall file a certified copy of the Notice of Brownfields Property in
the register of deeds' office in the county or counties in which the land is
located. The prospective developer shall file the Notice of Brownfields
Property within 15 days of the prospective developer's receipt of the
Department's approval of the notice or the prospective developer's entry into
the brownfields agreement, whichever is later.

(d) When a brownfields property is sold, leased,
conveyed, or transferred, the deed or other instrument of transfer shall
contain in the description section, in no smaller type than that used in the
body of the deed or instrument, a statement that the brownfields property has
been classified and, if appropriate, cleaned up as a brownfields property under
this Part.

(e) A Notice of Brownfields Property filed pursuant to
this section may, at the request of the owner of the land, be cancelled by the
Secretary after the hazards have been eliminated. If requested in writing by
the owner of the land and if the Secretary concurs with the request, the
Secretary shall send to the register of deeds of each county where the notice
is recorded a statement that the hazards have been eliminated and request that
the notice be cancelled of record. The Secretary's statement shall contain the
names of the owners of the land as shown in the notice and reference the plat
book and page where the notice is recorded.

(f) Any land-use restriction filed pursuant to this
section shall be enforced by any owner of the land. Any land-use restriction
may also be enforced by the Department through the remedies provided in Part 2
of Article 1 of this Chapter or by means of a civil action. The Department may
enforce any land-use restriction without first having exhausted any available
administrative remedies. A land-use restriction may also be enforced by any
unit of local government having jurisdiction over any part of the brownfields
property by means of a civil action without the unit of local government having
first exhausted any available administrative remedy. A land-use restriction may
also be enforced by any person eligible for liability protection under this
Part who will lose liability protection if the land-use restriction is
violated. A land-use restriction shall not be declared unenforceable due to
lack of privity of estate or contract, due to lack of benefit to particular
land, or due to lack of any property interest in particular land. Any person
who owns or leases a property subject to a land-use restriction under this
section shall abide by the land-use restriction.

A decision by the Department as to whether or not to enter
into a brownfields agreement including the terms of any brownfields agreement
is reviewable under Article 3 of Chapter 150B of the General Statutes. (1997-357, s. 2.)

§ 130A-310.37. Construction of Part.

(a) This Part is not intended and shall not be
construed to:

(1) Affect the ability of local governments to regulate
land use under Article 19 of Chapter 160A of the General Statutes and Article
18 of Chapter 153A of the General Statutes. The use of the identified
brownfields property and any land-use restrictions in the brownfields agreement
shall be consistent with local land-use controls adopted under those statutes.

(2) Amend, modify, repeal, or otherwise alter any
provision of any remedial program or other provision of this Chapter, Chapter
143 of the General Statutes, or any other provision of law relating to civil
and criminal penalties or enforcement actions and remedies available to the
Department, except as may be provided in a brownfields agreement.

(3) Prevent or impede the immediate response of the
Department or responsible party to an emergency that involves an imminent or
actual release of a regulated substance that threatens public health or the
environment.

(4) Relieve a person receiving liability protection
under this Part from any liability for contamination later caused by that
person on a brownfields property.

(5) Affect the right of any person to seek any relief
available against any party to the brownfields agreement who may have liability
with respect to the brownfields property, except that this Part does limit the
relief available against any party to a brownfields agreement with respect to
remediation of the brownfields property to the remediation required under the
brownfields agreement.

(6) Affect the right of any person who may have
liability with respect to the brownfields property to seek contribution from
any other person who may have liability with respect to the brownfields
property and who neither received nor has liability protection under this Part.

(7) Prevent the State from enforcing specific numerical
remediation standards, monitoring, or compliance requirements specifically
required to be enforced by the federal government as a condition to receive
program authorization, delegation, primacy, or federal funds.

(8) Create a defense against the imposition of criminal
and civil fines or penalties or administrative penalties otherwise authorized
by law and imposed as the result of the illegal disposal of waste or for the
pollution of the land, air, or waters of this State on a brownfields property.

(9) Relieve a person of any liability for failure to
exercise due diligence and reasonable care in performing an environmental
assessment or transaction screen.

(b) Notwithstanding the provisions of the Tort Claims
Act, G.S. 143-291 through G.S. 143-300.1 or any other provision of law waiving
the sovereign immunity of the State of North Carolina, the State, its agencies,
officers, employees, and agents shall be absolutely immune from any liability
in any proceeding for any injury or claim arising from negotiating, entering,
monitoring, or enforcing a brownfields agreement or a Notice of Brownfields
Property under this Part or any other action implementing this Part.

(c) The Department shall not enter into a brownfields
agreement for a site listed on the National Priorities List pursuant to 42
U.S.C. § 9605. (1997-357, s. 2; 1997-392, s. 4.5; 2006-71,
s. 6.)

§ 130A-310.38. Brownfields Property Reuse Act Implementation
Account.

The Brownfields Property Reuse Act Implementation Account is
created as a nonreverting account in the Office of the State Treasurer. The
Account shall consist of fees and interest collected under G.S. 130A-310.39,
moneys appropriated to it by the General Assembly, moneys received from the
federal government, moneys contributed by private organizations, and moneys
received from any other source. Funds in the Account shall be used by the Department
to defray the costs of implementing this Part. The Department may contract with
a private entity for any services necessary to implement this Part. (1997-357, s. 2; 1999-360, s. 17.2; 2014-100, s. 14.21(j).)

§ 130A-310.39. Fees.

(a) The Department shall collect the following fees:

(1) A prospective developer who submits a proposed
brownfields agreement for review by the Department shall pay an initial fee of
two thousand dollars ($2,000).

(2) A prospective developer who enters into a
brownfields agreement with the Department shall pay a fee in an amount equal to
the full cost to the Department and the Department of Justice of all activities
related to the brownfields agreement, including but not limited to negotiation
of the brownfields agreement, public notice and community involvement, and
monitoring the implementation of the brownfields agreement. The procedure by
which the amount of this fee is determined shall be established by agreement
between the prospective developer and the Department and shall be set out as a
part of the brownfields agreement. The fee imposed by this subdivision shall be
paid in two installments. The first installment shall be due at the time the
prospective developer and the Department enter into the brownfields agreement
and shall equal all costs that have been incurred by the Department and the
Department of Justice at that time less the amount of the initial fee paid
pursuant to subdivision (1) of this subsection. The Department shall not enter
into the brownfields agreement unless the first installment is paid in full
when due. The second installment shall be due at the time the prospective
developer submits a final report certifying completion of remediation under the
brownfields agreement and shall include any additional costs that have been
incurred by the Department and the Department of Justice, including all costs
of monitoring the implementation of the brownfields agreement.

(b) Fees and interest imposed under this section shall
be credited to the Brownfields Property Reuse Act Implementation Account.

(c) If a prospective developer fails to pay the full
amount of any fee due under this section, interest on the unpaid portion of the
fee shall accrue from the time the fee is due until paid at the rate
established by the Secretary of Revenue pursuant to G.S. 105-241.21. A lien for
the amount of the unpaid fee plus interest shall attach to the real and
personal property of the prospective developer and to the brownfields property
until the fee and interest is paid. The Department may collect unpaid fees and
interest in any manner that a unit of local government may collect delinquent
taxes. (1997-357, s. 2; 1999-360, s. 17.3; 2007-491,
s. 44(1)(a).)

§ 130A-310.40. Legislative reports.

The Department shall prepare and submit to the Environmental
Review Commission, concurrently with the report on the Inactive Hazardous Sites
Response Act of 1987 required under G.S. 130A-310.10, an evaluation of the
effectiveness of this Part in facilitating the remediation and reuse of
existing industrial and commercial properties. This evaluation shall include
any recommendations for additional incentives or changes, if needed, to improve
the effectiveness of this Part in addressing such properties. This evaluation
shall also include a report on receipts by and expenditures from the
Brownfields Property Reuse Act Implementation Account. (1997-357, s. 2.)

§ 130A-310.41: Reserved for
future codification purposes.

§ 130A-310.42: Reserved for
future codification purposes.

§ 130A-310.43: Reserved for
future codification purposes.

§ 130A-310.44: Reserved for
future codification purposes.

§ 130A-310.45: Reserved for
future codification purposes.

§ 130A-310.46: Reserved for
future codification purposes.

§ 130A-310.47: Reserved for
future codification purposes.

§ 130A-310.48: Reserved for
future codification purposes.

§ 130A-310.49: Reserved for
future codification purposes.

Part 6. Mercury Switch Removal.

§ 130A-310.50. (Effective until December 31, 2017)
Definitions.

As used in this Part:

(1) Repealed by Session Laws 2007-142, s. 1, effective
June 29, 2007.

(2) "End-of-life vehicle" means a vehicle
that is sold, given, or otherwise conveyed to a vehicle crusher, vehicle
dismantler, vehicle recycler, or scrap vehicle processing facility for the
purpose of recycling.

(2a) "Inaccessible", when used in connection
with mercury switch, means that, due to the condition of the vehicle, the
mercury switch cannot be removed from a vehicle without a significant risk of a
release of mercury into the environment.

(4a) "Mercury recovery performance ratio" means
the ratio of the number of pounds of mercury recovered from mercury switches
from the State in a calendar year to the estimated number of pounds of mercury
available to be recovered from mercury switches from the State in the same
calendar year.

(5) "Mercury switch" means each capsule or assembly
containing mercury that is part of a convenience light switch installed in a
vehicle.

(5a) Reserved for future codification purposes.

(5b) "National mercury recovery performance
ratio" means the ratio of the number of pounds of mercury recovered from
mercury switches from the United States in a calendar year to the estimated
number of pounds of mercury available to be recovered from mercury switches
from the United States in the same calendar year.

(5c) "NVMSRP" means the Memorandum of
Understanding to establish the National Vehicle Mercury Switch Recovery Program
dated 11 August 2006.

(6) "Scrap vehicle processing facility" means
a fixed location where machinery and equipment are used to process scrap
vehicles into specification grade commodities including facilities where a
shredder or fragmentizer is used to process scrap vehicles into shredded scrap
and facilities where end-of-life vehicles are prepared to be shredded.

(7) "Vehicle" means any passenger automobile
or passenger car, station wagon, truck, van, or sport utility vehicle with a
gross vehicle weight rating of less than 12,000 pounds.

(7a) "Vehicle crusher" means a person who
engages in the business of flattening, crushing, or otherwise processing end-of-life
vehicles for recycling. Vehicle crusher includes, but is not limited to, a
person who uses fixed or mobile equipment to flatten or crush end-of-life
vehicles for a vehicle recycler or a scrap vehicle processing facility.

(7b) "Vehicle dismantler" has the same meaning
as "vehicle recycler."

(7c) "Vehicle manufacturer" means a person,
firm, association, partnership, corporation, governmental entity, organization,
combination, or joint venture that is the last person in the production or
assembly process of a motor vehicle that contains one or more mercury switches,
or in the case of an imported vehicle, the importer or domestic distributor of
the vehicle. "Vehicle manufacturer" does not include any person
engaged in the business of selling new motor vehicles at retail or any person
who converts or modifies new motor vehicles after the production or assembly
process.

(8) "Vehicle recycler" means a person or
entity engaged in the business of acquiring, dismantling, or destroying six or
more end-of-life vehicles in a calendar year for the primary purpose of resale
of parts of the vehicle, including scrap metal. (2005-384,
s. 1; 2006-255, s. 5; 2007-142, s. 1.)

§ 130A-310.50. (Effective December 31, 2017) Definitions.

As used in this Part:

(1) "Capture rate" means the annual removal,
collection, and recovery of mercury switches as a percentage of the total
number of mercury switches available for removal from end-of-life vehicles.

(2) "End-of-life vehicle" means a vehicle
that is sold, given, or otherwise conveyed to a vehicle recycler or scrap metal
recycling facility for the purpose of recycling.

(3) "Manufacturer" means a person, firm,
association, partnership, corporation, governmental entity, organization,
combination, or joint venture that is the last person in the production or
assembly process of a new vehicle that utilizes mercury switches, or in the
case of an imported vehicle, the importer or domestic distributor of the
vehicle.

(4) "Mercury minimization plan" means a plan
for removing, collecting, and recovering mercury switches from end-of-life
vehicles that is prepared as provided in G.S. 130A-310.53.

(5) "Mercury switch" means each mercury-containing
capsule, commonly known as a "bullet", that is part of a convenience
light switch assemblyinstalled in a vehicle.

(6) "Scrap metal recycling facility" means a
fixed location where machinery and equipment are used to process scrap metal
into specific grades of scrap metal for sale and whose primary product is scrap
iron, scrap steel, or nonferrous metallic scrap.

(7) "Vehicle" means any passenger automobile
or passenger car, station wagon, truck, van, or sport utility vehicle with a
gross vehicle weight rating of less than 12,000 pounds.

(8) "Vehicle recycler" means an individual or
entity engaged in the business of acquiring, dismantling, or destroying six or
more end-of-life vehicles in a calendar year for the primary purpose of resale
of parts of the vehicle. (2005-384, s. 1; 2006-255, s.
5; 2007-142, ss. 1, 9.)

§ 130A-310.51. (For expiration date - see note) Purpose.

The purpose of this Part is to reduce the quantity of mercury
that is released into the environment by removing mercury switches from end-of-life
vehicles and by creating a removal, collection, and recovery program for
mercury switches that are removed from end-of-life vehicles in this State. (2005-384, s. 1; 2006-255, s. 5.)

(a) A vehicle crusher, vehicle dismantler, vehicle
recycler, or scrap vehicle processing facility shall not flatten, crush, bale,
or shred an end-of-life vehicle that contains accessible mercury switches.
Except as provided in this subsection, a vehicle crusher, vehicle dismantler,
vehicle recycler, or scrap vehicle processing facility shall remove all
accessible mercury switches from end-of-life vehicles before the vehicle is
flattened, crushed, baled, or shredded, or before the vehicle is conveyed to
another vehicle crusher, vehicle dismantler, vehicle recycler, or scrap vehicle
processing facility. If a vehicle crusher, vehicle dismantler, vehicle
recycler, or scrap vehicle processing facility conveys an end-of-life vehicle
to another vehicle crusher, vehicle dismantler, vehicle recycler, or scrap
vehicle processing facility without removing accessible mercury switches, the
receiving vehicle crusher, vehicle dismantler, vehicle recycler, or scrap
vehicle processing facility must agree to accept the end-of-life vehicle and
assume responsibility for the proper removal of all accessible mercury
switches. The agreement to assume responsibility for the proper removal of all
accessible mercury switches shall be documented on an invoice that is provided
by the vehicle crusher, vehicle dismantler, vehicle recycler, or scrap vehicle
processing facility to the person to whom the vehicle is conveyed.

(b) A vehicle crusher, vehicle dismantler, vehicle
recycler, or scrap vehicle processing facility that removes all accessible
mercury switches from an end-of-life vehicle shall mark the vehicle to indicate
that all accessible mercury switches have been removed. The vehicle crusher,
vehicle dismantler, vehicle recycler, or scrap vehicle processing facility
shall certify to any person to whom the vehicle is conveyed, in a form
acceptable to the Department, that all accessible mercury switches have been
removed from the vehicle.

(f) Vehicle manufacturers, in cooperation with the
Department, shall develop, implement, and bear the costs of a mercury switch
collection system in accordance with the NVMSRP. This system shall be developed
and implemented so as to enhance vehicle recyclability, promote public
education and outreach, and provide for the proper removal, collection, and
disposal of mercury switches from end-of-life vehicles. (2005-384, s. 1; 2006-255, s. 5; 2007-142, s. 3.)

(a) A vehicle recycler that conveys ownership of an
end-of-life vehicle to a scrap metal recycling facility shall remove all
mercury switches identified in the mercury minimization plan prior to delivery
of the vehicle to the scrap metal recycling facility. If a mercury switch is
inaccessible, the fact that the mercury switch remains in the vehicle shall be
noted on the vehicle recycler's invoice.

(b) A scrap metal recycling facility that accepts an
end-of-life vehicle that has not been flattened, crushed, baled, or shredded
and that contains mercury switches shall remove the mercury switches before the
end-of-life vehicle is flattened, crushed, baled, or shredded unless the
mercury switch is inaccessible.

(c) A mercury switch is inaccessible if, due to the
condition of the vehicle, the switch cannot be removed in accordance with the
mercury minimization plan and removal of the switch would significantly
increase the risk of a release of mercury into the environment.

(d) A vehicle recycler or scrap metal recycling
facility that removes mercury switches pursuant to subsection (a) or (b) of
this section shall make quarterly reports to the Department on the following:

(1) The number of vehicles that it processed for
recycling.

(2) The number of vehicles from which it removed a
mercury switch by make.

(3) The number of vehicles for which it could not remove
the mercury switch because the switch was inaccessible.

(a) The Mercury Pollution Prevention Fund is
established in the Department. Revenue is credited to the Fund from the
certificate of title fee under G.S. 20-85.

(b) Revenue in the Mercury Pollution Prevention Fund
shall be used for the following purposes:

(1) To reimburse the Department and others for costs
incurred in implementing the mercury switch removal program.

(2) To establish and implement recycling programs for
products containing mercury, including at least recycling programs for light
bulbs and thermostats.

(b1) The reimbursable costs under subdivision (1) of
subsection (b) of this section are:

(1) Five dollars ($5.00) for each mercury switch
removed by a vehicle crusher, vehicle dismantler, vehicle recycler, or scrap
vehicle processing facility pursuant to this Article and sent to destination
facilities in accordance with the NVMSRP for recycling or disposal.

(2) Costs incurred by the Department in administering
the program.

(c) The Department shall reimburse vehicle crushers,
vehicle dismantlers, vehicle recyclers, and scrap vehicle processing facilities
based on a reimbursement request that attests to the number of switches sent to
destination facilities for recycling or disposal in accordance with the NVMSRP.
Each reimbursement request shall be verified against information posted on the
Internet site provided by the vehicle manufacturers in accordance with the
NVMSRP, or against other information that verifies the reimbursement requested
to the satisfaction of the Department. The vehicle crusher, vehicle dismantler,
vehicle recycler, or scrap vehicle processing facility shall provide the
Department with any information requested by the Department to verify the
accuracy of a reimbursement request. Each vehicle crusher, vehicle dismantler,
vehicle recycler, or scrap vehicle processing facility shall maintain accurate
records that support each reimbursement request for a minimum of three years
from the date the reimbursement request is approved. (2005-384,
s. 1; 2006-255, s. 5; 2007-142, s. 4; 2011-145, s. 13.10B(a).)

§ 130A-310.54. (Effective December 31, 2017) Funds to
implement plan.

(a) The Mercury Pollution Prevention Fund is
established in the Department. Revenue is credited to the Fund from the
certificate of title fee under G.S. 20-85.

(b) Revenue in the Mercury Pollution Prevention Fund
shall be used for the following purposes:

(1) To reimburse the Department and others for costs
incurred in implementing the mercury minimization plan.

(2) To establish and implement recycling programs for
products containing mercury, including at least recycling programs for light
bulbs and thermostats.

(b1) The reimbursable costs under subdivision (1) of
subsection (b) of this section are:

(1) Five dollars ($5.00) for each mercury switch
removed by a vehicle recycler or scrap metal recycling facility pursuant to
this Article.

(1) Knowingly flatten, crush, bale, shred, or otherwise
alter the condition of a vehicle from which accessible mercury switches have
not been removed, in any manner that would prevent or significantly hinder the
removal of a mercury switch.

(2) Willfully fail to remove a mercury switch when the
person is required to do so.

(3) Knowingly make a false report that a mercury switch
has been removed from an end-of-life vehicle.

(4) Obtain a mercury switch from another source and
falsely report that it was removed from a vehicle processed for recycling.

(b) (Effective until December 31, 2017) Any
person who violates subdivision (1) or (2) of subsection (a) of this section
shall be punished as provided in G.S. 14-3.

(b) (Effective December 31, 2017) This Part may
be enforced as provided in Part 2 of Article 1 of this Chapter.

(c) (Expires December 31, 2017) Any person who
violates subdivision (3) or (4) of subsection (a) of this section shall be
guilty of a Class 2 misdemeanor and, upon conviction, shall be punished as
provided in G.S. 130A-26.2.

(d) (Expires December 31, 2017) A violation of
any provision of this Part, any rule adopted pursuant to this Part, or any rule
governing universal waste may be enforced by an administrative or civil action
as provided in Part 2 of Article 1 of this Chapter. (2005-384,
s. 1; 2006-255, s. 5; 2007-142, ss. 5, 9.)

(a) Each State agency, including the General Assembly,
the General Court of Justice, universities, community colleges, public schools,
and political subdivisions using State funds for the construction or operation
of public buildings shall establish a program in cooperation with the
Department of Environment and Natural Resources and the Department of
Administration for the collection and recycling of all spent fluorescent lights
and thermostats that contain mercury generated in public buildings owned by
each respective entity. The program shall include procedures for convenient
collection, safe storage, and proper recycling of spent fluorescent lights and
thermostats that contain mercury and contractual or other arrangements with
buyers of the recyclable materials.

(b) Each State agency, including the General Assembly,
the General Court of Justice, universities, community colleges, the Department
of Public Instruction on behalf of the public schools, and political
subdivisions shall submit a report on or before December 1, 2011, that
documents the entity's compliance with the requirements of subsection (a) of
this section to the Department of Environment and Natural Resources and the
Department of Administration. The Departments shall compile the information
submitted and jointly shall submit a report to the Environmental Review
Commission on or before January 15, 2012, concerning the activities required by
subsection (a) of this section. The information provided shall also be included
in the report required by G.S. 130A-309.06(c).

(c) For purposes of this section, a political
subdivision is using State funds when it receives grant funding from the State
for the construction or operation of a public building. (2010-180, s. 14(a); 2011-394, s. 5.)

§ 130A-310.61. Removal and recycling of mercury-containing
products from structures to be demolished.

Prior to demolition of any building or structure in the
State, the contractor responsible for the demolition activity or the owner of
the building or structure to be demolished shall remove all fluorescent lights
and thermostats that contain mercury from the building or structure to be
demolished. (2010-180, s. 14(a).)

§ 130A-310.62: Reserved for
future codification purposes.

§ 130A-310.63: Reserved for
future codification purposes.

§ 130A-310.64: Reserved for
future codification purposes.

Part 8. Risk-Based Environmental Remediation of Industrial
Sites.

§ 130A-310.65. Definitions.

As used in this Part:

(1) "Background standard" means the naturally
occurring concentration of a substance in the absence of the release of a
contaminant.

(3) "Contaminant" means any substance
regulated under any program listed in G.S. 130A-310.67(a).

(4) "Contaminated industrial site" or
"site" means any real property that meets all of the following
criteria:

a. The property is contaminated and may be subject to
remediation under any of the programs or requirements set out in G.S. 130A-310.67(a).

b. The property is or has been used primarily for
manufacturing or other industrial activities for the production of a commercial
product. This includes a property used primarily for the generation of
electricity.

c. No contaminant associated with activities at the
property is located off of the property at the time the remedial action plan is
submitted.

d. No contaminant associated with activities at the
property will migrate to any adjacent properties above unrestricted use
standards for the contaminant.

(5) "Contamination" means a contaminant
released into an environmental medium that has resulted in or has the potential
to result in an increase in the concentration of the contaminant in the
environmental medium in excess of unrestricted use standards.

(8) "Registered environmental consultant"
means an environmental consulting or engineering firm approved to implement and
oversee voluntary remedial actions pursuant to Part 3 of Article 9 of Chapter
130A of the General Statutes and rules adopted to implement the Part.

(9) "Remedial action plan" means a plan for
eliminating or reducing contamination or exposure to contamination.

(10) "Remediation" means all actions that are
necessary or appropriate to clean up, mitigate, correct, abate, minimize,
eliminate, control, or prevent the spreading, migration, leaking, leaching,
volatilization, spilling, transport, or further release of a contaminant into
the environment in order to protect public health, safety, or welfare or the
environment.

(11) "Systemic toxicant" means any substance
that may enter the body and have a harmful effect other than causing cancer.

(12) "Unrestricted use standards" means
contaminant concentrations for each environmental medium that are acceptable
for all uses; that are protective of public health, safety, and welfare and the
environment; and that comply with generally applicable standards, guidance, or
methods established by statute or adopted, published, or implemented by the
Commission or the Department. (2011-186, s. 2; 2014-122,
s. 11(i).)

§ 130A-310.66. Purpose.

It is the purpose of this Part to authorize the Department to
approve the remediation of contaminated industrial sites based on site-specific
remediation standards in circumstances where site-specific remediation
standards are adequate to protect public health, safety, and welfare and the
environment and are consistent with protection of current and anticipated
future use of groundwater and surface water affected or potentially affected by
the contamination. (2011-186, s. 2.)

§ 130A-310.67. Applicability.

(a) This Part applies to contaminated industrial sites
subject to remediation pursuant to any of the following programs or
requirements:

(1) The Inactive Hazardous Sites Response Act of 1987
under Part 3 of Article 9 of Chapter 130A of the General Statutes, including
voluntary actions under G.S. 130A-310.9 of that act, and rules promulgated
pursuant to those statutes.

(2) The hazardous waste management program administered
by the State pursuant to the federal Resource Conservation and Recovery Act of
1976, Public Law 94-580, 90 Stat. 2795, 42 U.S.C. § 6901, et seq., as amended,
and Article 9 of Chapter 130A of the General Statutes.

(3) The solid waste management program administered
pursuant to Article 9 of Chapter 130A of the General Statutes.

(4) The federal Superfund program administered in part
by the State pursuant to the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980, Public Law 96-510, 94 Stat. 2767, 42
U.S.C. § 9601, et seq., as amended, the Superfund Amendments and Reauthorization
Act of 1986, Public Law 99-499, 100 Stat. 1613, as amended, and under Part 4 of
Article 9 of Chapter 130A of the General Statutes.

(5) The groundwater protection corrective action
requirements adopted by the Commission pursuant to Article 21 of Chapter 143 of
the General Statutes.

(6) Oil Pollution and Hazardous Substances Control Act
of 1978, Parts 1 and 2 of Article 21A of Chapter 143 of the General Statutes.

(b) This Part shall not apply to contaminated
industrial sites subject to remediation pursuant to any of the following
programs or requirements:

(1) The Leaking Petroleum Underground Storage Tank
Cleanup program under Part 2A of Article 21A of Chapter 143 of the General
Statutes and rules promulgated pursuant to that statute.

(2) The Dry-Cleaning Solvent Cleanup program under Part
6 of Article 21A of Chapter 143 of the General Statutes and rules promulgated
pursuant to that statute.

(3) The pre-1983 landfill assessment and remediation
program established under G.S. 130A-310.6(c) through (g).

(c) This Part shall apply only to sites where a
discharge, spill, or release of contamination has been reported to the
Department prior to March 1, 2011. (2011-186, s. 2.)

§ 130A-310.68. Remediation standards.

(a) When conducting remediation activities pursuant to
this Part, a person who proposes to or is required to respond to the release of
a contaminant at a contaminated industrial site shall comply with one of the
following standards:

(1) The unrestricted use standards applicable to each
affected medium.

(2) The background standard, if the background standard
exceeds the unrestricted use standards.

(3) A site-specific remediation standard developed in
accordance with subsection (b) of this section that is approved by the
Department.

(4) Any combination of remediation standards described
in this subsection that is approved by the Department.

(b) Site-specific remediation standards shall be
developed for each medium as provided in this subsection to achieve remediation
that eliminates or reduces to protective levels any substantial present or
probable future risk to human health, including sensitive subgroups, and the
environment based upon the present or currently planned future use of the
property comprising the site. Site-specific remediation standards shall be
developed in accordance with all of the following:

(1) Remediation methods and technologies that result in
emissions of air pollutants shall comply with applicable air quality standards
adopted by the Commission.

(2) The site-specific remediation standard for surface
waters shall be the water quality standards adopted by the Commission.

(3) The current and probable future use of groundwater
shall be identified and protected. Site-specific sources of contaminants and
potential receptors shall be identified. Potential receptors must be protected,
controlled, or eliminated whether the receptors are located on or off the site
where the source of contamination is located. Natural environmental conditions
affecting the fate and transport of contaminants, such as natural attenuation,
shall be determined by appropriate scientific methods.

(4) Permits for facilities located at sites covered by
any of the programs or requirements set out in G.S. 130A-310.67(a) shall
contain conditions to avoid exceedances of applicable groundwater standards
adopted by the Commission pursuant to Article 21 of Chapter 143 of the General
Statutes due to operation of the facility.

(5) Soil shall be remediated to levels that no longer
constitute a continuing source of groundwater contamination in excess of the
site-specific groundwater remediation standards approved under this Part.

(6) Soil shall be remediated to unrestricted use
standards on residential property with the following exceptions:

a. For mixed-use developments where the ground level
uses are nonresidential and where all potential exposure to contaminated soil
has been eliminated, the Department may allow soil to remain on the site in
excess of unrestricted use standards.

b. If soil remediation is impracticable because of the
presence of preexisting structures or impracticability of removal, all areas of
the real property at which a person may come into contact with soil shall be
remediated to unrestricted use standards, and, on all other areas of the real
property, engineering and institutional controls that are sufficient to protect
public health, safety, and welfare and the environment shall be implemented and
maintained.

(7) The potential for human inhalation of contaminants from
the outdoor air and other site-specific indoor air exposure pathways shall be
considered, if applicable.

(8) The site-specific remediation standard shall
protect against human exposure to contamination through the consumption of
contaminated fish or wildlife and through the ingestion of contaminants in
surface water or groundwater supplies.

(9) For known or suspected carcinogens, site-specific
remediation standards shall be established at exposures that represent an
excess lifetime cancer risk of one in 1,000,000. The site-specific remediation
standard may depart from the one-in-1,000,000 risk level based on the criteria
set out in 40 Code of Federal Regulations § 300.430(e)(9)(July 1, 2003
Edition). The cumulative excess lifetime cancer risk to an exposed individual
shall not be greater than one in 10,000 based on the sum of carcinogenic risk
posed by each contaminant present.

(10) For systemic toxicants, site-specific remediation
standards shall represent levels to which the human population, including
sensitive subgroups, may be exposed without any adverse health effect during a
lifetime or part of a lifetime. Site-specific remediation standards for
systemic toxicants shall incorporate an adequate margin of safety and shall
take into account cases where two or more systemic toxicants affect the same
organ or organ system.

(11) The site-specific remediation standards for each
medium shall be adequate to avoid foreseeable adverse effects to other media or
the environment that are inconsistent with the risk-based approach under this
Part. (2011-186, s. 2.)

§ 130A-310.69. Remedial investigation report; remedial
action plans.

(a) A person who proposes to conduct remediation
pursuant to this Part shall submit a remedial investigation report to the
Department prior to submitting a remedial action plan. The remedial
investigation report shall include, but is not limited to, a legal description
of the location of the site; a map showing the location of the site; a
description of the contaminants involved and their concentration in the media
of the site; a narrative description of the methodology used in the
investigation; a description of all on-site releases of contamination; a site
map, drawn to scale, showing benchmarks, directional arrow, location of
property boundaries, buildings, structures, all perennial and nonperennial
surface water features, drainage ditches, dense vegetation, contaminant spill
or disposal areas, underground utilities, storage vessels, and existing on-site
wells; identification of adjacent property owners and adjacent land uses;
description of local geologic and hydrologic conditions; an evaluation of the site
and adjacent properties for the existence of environmentally sensitive areas; a
description of groundwater monitoring well design and installation procedures;
a map, drawn to scale, that shows all groundwater sample locations; a
description of field and laboratory quality control and quality assurance
procedures followed during the remedial investigation; a description of methods
used to manage investigation-derived wastes; tabulation of analytical results
for all sampling; copies of all laboratory reports; a description of procedures
and the results of any special assessments; and any other information required
by the Department or considered relevant by the investigator. The remedial
investigation shall assess all contaminated areas of the site, including types
and levels of contamination, and the risk that the contamination poses to
public health, safety, and welfare and to the environment.

(b) A person who proposes to conduct remediation
pursuant to this Part shall develop and submit a proposed remedial action plan
to the Department. A remedial action plan shall provide for the protection of
public health, safety, and welfare and the environment. A remedial action plan
shall do all of the following:

(1) Identify actions required to remove, treat, or otherwise
appropriately mitigate or isolate the source of contamination to ensure that
the source will not cause unrestricted use standards to be exceeded in any
medium.

(2) Address contamination that moves from one medium to
another in order to prevent a violation of the remediation standards
established under G.S. 130A-310.68. A more stringent remediation standard may
be required for a particular medium to control impact on other media.

(3) Identify the current and anticipated future uses of
property comprising the contaminated site and address any concerns raised in
public comment on the proposed remedial action plan as to the proposed future
uses of the property.

(4) Identify the current and anticipated future uses of
groundwater in the contaminated site and address any concerns raised in public
comment on the proposed remedial action plan as to the future uses of
groundwater.

(5) Determine the appropriate method of remediation to
achieve the site-specific remediation standards.

(6) Specify any measures that may be necessary to
prevent adverse effects to the environment that may occur at levels of
contamination that are lower than the standard necessary to protect human
health.

(7) Specify any measures that may be necessary to
prevent any discharge into surface waters during implementation of the remedial
action plan that violates applicable surface water quality standards adopted by
the Commission.

(8) Specify any measures that may be necessary to
prevent any air emission during implementation of the remedial action plan that
violates applicable air quality standards adopted by the Commission.

(9) Provide for attainment and maintenance of the
remediation standards established under G.S. 130A-310.68.

(10) Provide for methods and procedures to verify that
the quantity, concentration, range, or other measure of each contaminant
remaining at the contaminated site at the conclusion of the contaminant-reduction
phase of remediation meets the remediation standards established for the site,
that an acceptable level of risk has been achieved, and that no further
remediation is required.

(11) Provide for the imposition and recordation of land-use
restrictions as provided in G.S. 143B-279.9, 143B-279.10, 130A-310.3(f), 130A-310.8,
130A-310.35, 143-215.84(f), and 143-215.85A if the remedial action plan allows
contamination in excess of the greater of unrestricted use standards or
background standards to remain on any real property or in groundwater that
underlies any real property.

(12) Provide for submission of an annual certification to
the Department by the property owner that land use at the site is in compliance
with land-use restrictions recorded pursuant to this Part and that the land-use
restrictions are still properly recorded in the chain of title for the
property.

(13) Provide a detailed description of the proposed
remedial action to be taken; the results of any treatability studies and
additional site characterization needed to support the proposed remedial
action; plans for postremedial and confirmatory sampling; a project schedule; a
schedule for progress reports to the Department; and any other information
required by the Department or considered relevant by the person who submits the
proposed remedial action plan.

(14) Provide a description of measures that will be
employed to ensure that the safety and health of persons on properties in the
vicinity of the site and persons visiting or doing business on the site will
not be adversely affected by any remediation activity.

(15) Provide a reasonable estimate of the probable cost
of the remedial action sufficient for the Department to determine an acceptable
level of financial assurance.

(c) A remedial action plan shall also include an
analysis of each of the following factors:

(1) Long-term risks and effectiveness of the proposed
remediation, including an evaluation of all of the following:

a. The magnitude of risks remaining after completion
of the remediation.

b. The type, degree, frequency, and duration of any
postremediation activity that may be required, including, but not limited to,
operation and maintenance, monitoring, inspection, reports, and other
activities necessary to protect public health, safety, and welfare and the
environment.

c. Potential for exposure of human and environmental
receptors to contaminants remaining at the site.

d. Long-term reliability of any engineering and
voluntary institutional controls, including repair, maintenance, or replacement
of components.

e. Time required to achieve remediation standards.

(2) Toxicity, mobility, and volume of contaminants,
including the amount of contaminants that will be removed, contained, treated,
or destroyed; the degree of expected reduction in toxicity, mobility, and
volume; and the type, quantity, toxicity, and mobility of contaminants that
will remain after implementation of the remedial action plan.

(3) Short-term risks and effectiveness of the
remediation, including the short-term risks that may be posed to the community,
workers, or the environment during implementation of the remedial action plan,
and the effectiveness and reliability of protective measures to address short-term
risks.

(4) The ease or difficulty of implementing the remedial
action plan, including commercially available remedial measures; expected
operational reliability; available capacity and location of needed treatment,
storage, and disposal services for wastes; time to initiate remediation; and
approvals necessary to implement the remediation.

(d) The development of a remedial action plan may
require supplemental submissions and revisions based on Department review,
remedial action pilot studies, and public comment from local government and
citizens. (2011-186, s. 2.)

§ 130A-310.70. Notice of intent to remediate.

In addition to the public participation requirements of the
individual programs listed in G.S. 130A-310.67(a), the person who proposes to
remediate a site under this Part shall send a notice of intent to remediate to
all local governments having taxing or land-use jurisdiction over the site, and
to all adjoining landowners. The notice shall include all of the information
required in G.S. 130A-310.69(a) and include a statement of intent to clean up
the site to site-specific remediation standards. The person shall submit to the
Department a copy of the notice of intent provided to local governments and
adjoining landowners, a certification that the notice of intent to remediate
was so provided to those parties, and all information and comments that the
person received in response to the notice. In addition, the person shall, when
appropriate, describe how the remedial action plan was modified to address
comments received in response to the notice. (2011-186,
s. 2.)

§ 130A-310.71. Review and approval of proposed remedial
action plans.

(a) The Department shall review and approve a proposed
remedial action plan consistent with the remediation standards set out in G.S.
130A-310.68 and the procedures set out in this section. In its review of a
proposed remedial action plan, the Department shall do all of the following:

(1) Determine whether site-specific remediation
standards are appropriate for a particular contaminated site. In making this
determination, the Department shall consider proximity of the contamination to
water supply wells or other receptors; current and probable future reliance on
the groundwater as a water supply; current and anticipated future land use;
environmental impacts; and the feasibility of remediation to unrestricted use
standards.

(2) Determine whether the party conducting the
remediation has adequately demonstrated through modeling or other scientific
means acceptable to the Department that no contamination will migrate to
adjacent property at levels above unrestricted use standards.

(4) Determine whether the proposed remedial action plan
meets the requirements of any other applicable remediation program except those
pertaining to remediation standards.

(5) Establish the acceptable level or range of levels
of risk to public health, safety, and welfare and to the environment.

(6) Establish, for each contaminant, the maximum
allowable quantity, concentration, range, or other measures of contamination
that will remain at the contaminated site at the conclusion of the contaminant-reduction
phase of the remediation.

(7) Consider the technical performance, effectiveness,
and reliability of the proposed remedial action plan in attaining and
maintaining compliance with applicable remediation standards.

(8) Consider the ability of the person who proposes to
remediate the site to implement the proposed remedial action plan within a
reasonable time and without jeopardizing public health, safety, or welfare or
the environment.

(9) Determine whether the proposed remedial action plan
adequately provides for the imposition and maintenance of engineering and
institutional controls and for sampling, monitoring, and reporting requirements
necessary to protect public health, safety, and welfare and the environment.

(10) Approve the circumstances under which no further
remediation is required.

(b) The person who proposes a remedial action plan has
the burden of demonstrating with reasonable assurance that contamination from
the site will not migrate to adjacent property above unrestricted use levels
and that the remedial action plan is protective of public health, safety, and
welfare and the environment by virtue of its compliance with this Part. The
demonstration shall (i) take into account actions proposed in the remedial
action plan that will prevent contamination from migrating off the site; and
(ii) use scientifically valid site-specific data.

(c) The Department may require a person who proposes a
remedial action plan to supply any additional information necessary for the
Department to approve or disapprove the plan.

(d) In making a determination on a proposed remedial
action plan, the Department shall consider the information provided by the
person who proposes the remedial action plan as well as information provided by
local governments and adjoining landowners pursuant to G.S. 130A-310.70. The
Department shall disapprove a proposed remedial action plan unless the
Department finds that the plan is protective of public health, safety, and welfare
and the environment and complies with the requirements of this Part. If the
Department disapproves a proposed remedial action plan, the person who
submitted the plan may seek review as provided in Article 3 of Chapter 150B of
the General Statutes. If the Department fails to approve or disapprove a
proposed remedial action plan within 120 days after a complete plan has been
submitted, the person who submitted the plan may treat the plan as having been
disapproved at the end of that time period. (2011-186,
s. 2.)

§ 130A-310.72. Financial assurance requirement.

The person conducting remediation of a contaminated
industrial site pursuant to the provisions of this Part shall establish
financial assurance that will ensure that sufficient funds are available to
implement and maintain the actions or controls specified in the remedial action
plan for the site. The person conducting remediation of a site may establish
financial assurance through one of the following mechanisms, or any combination
of the following mechanisms, in a form specified or approved by the Department:
insurance products issued from entities having no corporate or ownership
association with the person conducting the remediation; funded trusts; surety
bonds; certificates of deposit; letters of credit; corporate financial tests;
local government financial tests; corporate guarantees; local government
guarantees; capital reserve funds; or any other financial mechanism authorized
for the demonstration of financial assurance under (i) 40 Code of Federal
Regulations Part 264, Subpart H (July 1, 2010 Edition) and (ii) Section .1600
of Subchapter B of Chapter 13 of Title 15A of the North Carolina Administrative
Code. Proof of financial assurance shall be provided in the remedial action
plan and annually thereafter on the anniversary date of the approval of the
plan. (2011-186, s. 2.)

§ 130A-310.73. Attainment of the remediation standards.

(a) Compliance with the approved remediation standards
is attained for a site or portion of a site when a remedial action plan
approved by the Department has been implemented and applicable soil,
groundwater, surface water, and air emission standards have been attained. The
remediation standards may be attained through a combination of remediation
activities that can include treatment, removal, engineering, or institutional
controls, except that the person conducting the remediation may not demonstrate
attainment of an unrestricted use standard or a background standard through the
use of institutional controls alone. When the remedial action plan has been
fully implemented, the person conducting the remediation shall submit a final
report to the Department, with notice to all local governments with taxing and
land-use jurisdiction over the site, that demonstrates that the remedial action
plan has been fully implemented, that any land-use restrictions have been
certified on an annual basis, and that the remediation standards have been
attained. The final report shall be accompanied by a request that the
Department issue a determination that no further remediation beyond that
specified in the approved remedial action plan is required.

(b) The person conducting the remediation has the
burden of demonstrating that the remedial action plan has been fully
implemented and that the remediation standards have been attained in compliance
with the requirements of this Part. The Department may require a person who
implements the remedial action plan to supply any additional information
necessary for the Department to determine whether the remediation standards
have been attained.

(c) The Department shall review the final report, and,
upon determining that the person conducting the remediation has completed
remediation to the approved remediation standard and met all the requirements
of the approved remedial action plan, the Department shall issue a
determination that no further remediation beyond that specified in the approved
remedial action plan is required at the site. Once the Department has issued a
no further action determination, the Department may require additional remedial
action by the responsible party only upon finding any of the following:

(1) Monitoring, testing, or analysis of the site
subsequent to the issuance of the no further action determination indicates
that the remediation standards and objectives were not achieved or are not
being maintained.

(2) One or more of the conditions, restrictions, or
limitations imposed on the site as part of the remediation have been violated.

(3) Site monitoring or operation and maintenance
activities that are required as part of the remedial action plan or no further
action determination for the site are not adequately funded or are not
adequately implemented.

(4) A contaminant or hazardous substance release is
discovered at the site that was not the subject of the remedial investigation
report or the remedial action plan.

(5) A material change in the facts known to the Department
at the time the written no further action determination was issued, or new
facts, cause the Department to find that further assessment or remediation is
necessary to prevent a significant risk to human health and safety or to the
environment.

(6) The no further action determination was based on
fraud, misrepresentation, or intentional nondisclosure of information by the
person conducting the remediation.

(7) Installation or use of wells would induce the flow
of contaminated groundwater off the site.

(d) The Department shall issue a final decision on a
request for a determination that remediation has been completed to approved
standards and that no further remediation beyond that specified in the approved
remedial action plan is required within 180 days after receipt of a complete
final report. Failure of the Department to issue a final decision on a no
further remediation determination within 180 days after receipt of a complete
final report and request for a determination of no further remediation may be
treated as a denial of the request for a no further remediation determination.
The responsible person may seek review of a denial of a request for a release
from further remediation as provided in Article 3 of Chapter 150B of the
General Statutes. (2011-186, s. 2.)

§ 130A-310.74. Compliance with other laws.

Where a site is covered by an agreement under the Brownfields
Property Reuse Act of 1997, as codified as Part 5 of Article 9 of Chapter 130A
of the General Statutes, any work performed by the prospective developer
pursuant to that agreement is not required to comply with this Part, but any
work not covered by such agreement and performed at the site by another person
not a party to that agreement may be performed pursuant to this Part. (2011-186, s. 2.)

§ 130A-310.75. Use of registered environmental consultants.

The Department may approve the use of a registered
environmental consultant to provide oversight for the assessment and
remediation of a site under this Part. If remediation under this Part is not
undertaken voluntarily, the Department may not require the use of a registered
environmental consultant to provide oversight for the assessment and
remediation of a site under this Part. (2011-186, s.
2.)

§ 130A-310.76. Fees; permissible uses of fees.

(a) A person who undertakes remediation of
environmental contamination under site-specific remediation standards as
provided in G.S. 130A-310.68 shall pay a fee to the Fund in an amount equal to
four thousand five hundred dollars ($4,500) for each acre or portion of an acre
of contamination, including any area that will become contaminated as a result
of the release; however, no person shall be required to pay more than one
hundred twenty-five thousand dollars ($125,000) to the Fund for any individual
site, regardless of its size. This one-time fee shall be payable at the time
the person undertaking remediation submits the remedial action plan to the
Department.

(b) Funds collected pursuant to subsection (a) of this
section may be used only for the following purposes:

(1) To pay for administrative and operating expenses
necessary to implement this Part.

(2) To establish, administer, and maintain a system for
the tracking of land-use restrictions recorded at sites that are remediated
pursuant to this Part. (2011-186, s. 2.)

§ 130A-310.77. Construction of Part.

This Part shall not be construed or implemented in any of the
following ways:

(1) In any manner that would jeopardize federal
authorization under any of the federal statutes, programs, or requirements set
out in G.S. 130A-310.67(a) or would otherwise conflict with federal authority
under those statutes, programs, and requirements. This Part is supplemental to
the programs and requirements set out in G.S. 130A-310.67(a) that would
otherwise govern the remediation of a contaminated industrial site. Where the
definitions, provisions, or requirements of this Part conflict with the
definitions, provisions, or requirements of an otherwise applicable remediation
program, this Part shall control, unless expressly stated to the contrary.

(2) To limit the authority of the Department to require
investigation, initial response, or remediation of environmental contamination
under any other provision of State or federal law necessary to address an
imminent threat to public health, safety, or welfare or the environment.

(3) To alter the requirements of programs to prevent or
mitigate the release or discharge of contaminants to the environment, including
permitting requirements that regulate the handling of hazardous substances or
wastes.

(4) To supersede or otherwise affect or prevent the
enforcement of any land-use or development regulation or ordinance adopted by a
municipality pursuant to Article 19 of Chapter 160A of the General Statutes or
adopted by a county pursuant to Article 18 of Chapter 153A of the General
Statutes. The use of a site and any land-use restrictions imposed as part of a
remedial action plan shall comply with land-use and development controls
adopted by a municipality pursuant to Article 19 of Chapter 160A of the General
Statutes or adopted by a county pursuant to Article 18 of Chapter 153A of the
General Statutes. (2011-186, s. 2.)